SCHOOL property: deliver to Your successor 






PUBLIC SCHOOL 
LAWS OF ARIZONA 




<APRIL t, t90t 











PUBLISHED BY THE 

SUPERINTENDENT OF PUBLIC INSTRUCi'lON 

PHOENIX, ARIZONA 














/•^-. J/W^A*dA- . 



PUBLIC SCHOOL 
LAWS OF ARIZONA 



APRIL I, J90t 



PUBLISHED BY THE 

SUPERINTENDENT OF PUBLIC INSTRUCTION 

PHOENIX, ARIZONA 



1901 

THE H. H. M'NBIL CO., PRINTERS 

PHOENIX, ARI20NA 






°y 



>"?>^ 



IV1AR2S 1905 
D.ofD, 



H 



s- 



5 



INDEX. 



PAGE 



Anthem, Territorial 53 

Appointment of Trustee, When 13 

Appointment of Census Marshal 21 

Apportionment of County Fund 4-5 

Apportionment of Territorial Fund 9 

Apportionment of Reserve Fund 4-6 

Arboriculture ^'^ 

Attendance, Average • 46 

Attendance, Compulsory 35 

Blind, Deaf and Dumb 55 

Board of Education 5 

Board of Examiners 7 

Boards of Trustees 20 

Board of Education, High Schools 33 

Books, Text 4-8 

Bonds 24 

Census Marshals, Duties of. • 28 

Census Marshals. Special Duty 50 

Census of all Inhabitants, When Taken 50 

Certificates, How Granted 8 

Certificates Without Examination 8 

Cities, Census of. 50 

Clerks of School Boards 30 

Compulsory Attendance 35 

Code, Penal, Extracts From 63 

County School Superintendent, Duties of. 11 

County School Fund 39 

Course of Study Prescribed 6 

Course of Study, Penalty For Not Following 38 

Deaf, Dumb and Blind 55 

Diplomas, Territorial 6 

Diplomas, from Arizona Normals 37 

Diplomas from Other States 8 

Districts, School 1" 

Districts, High School 32 

District Attorney, Adviser When 55 

District. When Lapses 4-7 

Education, Board of. 5 

Education. Compulsory 35 

Election of Trustee ^^ 

Elections, to Vote on Tax 4-2 

Elections, to Vote on Bonds 24- 

Elections, Who May Vote at 19 

Estimates for Tax Levy 46 

Examinations for Diplomas 6 

Examinations of Teachers 13 

Examiners, Board of. ^ 

Forms, Not Supplied 65 

Fund, County School 39 

Fund, Territorial School 39 

Fund, Special District 4-2 

Governor, President Board of Education •"> 

Governor, Report to ^^ 

High Schools 32 



4 INDEX. 

Holidays 31 

Institutes 16 

Instruction, Must Include 31 

Kindergarten Schools 23 

Lands, School and University 57 

Laws, School 10 

Libraries 39 

Normal School Diplomas 8 

Penalties for Violations of Laws... 63 

Powers of Trustees 20 

Powers of Board of Education 5 

Pupils..... 34 

Questions for Examinations 7 

Report of Superintendent of Public Instruction 10 

Report of County Superintendent 13 

Report of County Treasurer ;.... 40 

Report of District Clerk 46 

Report of School Trustees 21 

Report of Census Marshals 28 

Rules and Regulations for Government of Schools 67 

Schools 30 

School Districts, How Formed 17 

School Districts, High 32 

School Meetings 22 

School Funds, How Apportioned 45 

School Fund, County 39 

School Lands 57 

Song, Official 53 

Special Taxes 42 

Studies Required in Schools 31 

Superintendent of Public Instruction, Duties of. 9 

Taxes, Territorial 39 

Taxes, County 39 

Taxes, Special 42 

Teachers, Duties of 37 

Teachers, Dismissal of 38 

Teachers, Reports of. 37 

Text-books. Adoption of 48 

Treasurer, County 40 

Warrants, When Drawn 12 



PUBLIC SCHOOL LAWS. 



AN ACX 

TO REVISE AND CODIEY THE LAWS OE 
ARIZONA. 



TITLE 17. EDUCATION. 

Be it Enacted by the Legislative Assembly of the Terri- 
tory of Arizona : 

CHAPTER ONE, 

TERRITORIAL BOARD OF EDUCATION. 

Section 1. The Territorial Board of Education shall 
consist of the Governor, the Territorial Treasurer. Super- 
intendent of Public Instruction, Principals of the Terri- 
torial Normal Schools and President of the University of 
Arizona, of which the Governor shall be President and the 
Superintendent of Public Instruction shall be Secretary. 

2. The Board shall meet at the call of the Secretary, 
at the capital of the Territory, not less than once in each 
year, and a concurrence of a majority of all the members 
of the Board shall be necessary to the validity of any act 
of the Board. 

3. The powers and duties of the Board areas follows: 

First. To adopt rules and regulations, not incon- 
sistent with the laws of the Territory, for its own 
government and for the government of the public schools 
and school libraries. 

Second. To devise plans for the increase and manage- 
ment of the Territorial school fund. 



6 PUBLIC SCHOOL, LAWS, 

Third. To prescribe and enforce the use of a uniform 
series of text books in the public schools; provided, no 
change of said text books shall be considered or made by 
the Territorial Board of Education except at its regular 
meetings, or at some special meeting thereof held for that 
purpose, and notice of such intention shall be communi- 
cated by the Secretary of said Board, in writing, to each 
County School Superintendent at least sixt3^ days prior 
to the time of holding such meeting; provided, that on 
the adoption of a uniform series of text books, such series 
shall not be changed during the period of four years next 
succeeding the adoption of such series. 

Fourth. To prescribe and enforce a course of studies 
in the public schools. 

Fifth. To adopt a list of books for school libraries. 

Sixth. To grant (1) educational diplomas, valid for 
six years; and (2) life diplomas. 

Seventh. To revoke, for immoral conduct or evident 
unfitness for teaching, Territorial diplomas. 

Eighth. To adopt and use, in the authentication of 
its acts, an official seal. 

Ninth. To keep a record of its proceedings. 

Tenth. To grant first-grade Territorial certificates, 
when in their judgment it seems advisable, to graduates 
of universities and chartered colleges of a similar rank. 

4. Territorial educational diplomas shall be issued to 
such persons only as have held a first-grade Territorial or 
county certificate for at least one year, and who shall 
furnish satisfactory evidence of having been successfully 
engaged in teaching for at least five years, and who shall 
be of good moral character. 

5. Every application for a Territorial diploma must 
be accompanied bj'a certified copy of a resolution adopted 
by the Territorial Board of Examiners, recommending 
that the same be granted. 

6. Life diplomas must be issued upon all and the 
same conditions as educational diplomas, except that the 
applicant must furnish satisfactory evidence of having 



TERRITORY OF ARIZONA. 7 

been successfully engaged in teaching for at least ten 
years, and, in addition thereto, the applicant must pass 
an examination in pedagogy, history of education, school 
economy and school government. 

7. All diplomas issued by said Board shall be signed 
by a majority of the members of said Board. 

8. Every person receiving a Territorial diploma must 
pay to the Board five dollars to defray the expenses of 
issuing said diploma. 

CHAPTER TWO. 

TERRITORIAL BOARD OF EXAMINERS. 

Sec. 9. The Territorial Board of Examiners shall 
consist of the- Superintendent of Public Instruction and 
two competent persons appointed by him, a majority of 
whom shall constitute a quorum. 

10. The Superintendent of Public Instruction shall be 
Chairman of the Board. 

11. The Board must meet at such times and places as 
the Chairman directs, and must hold at least two sessions 
in each year. 

12. The Board has power : 

First. To adopt rules and regulations governing the 
examination of applicants for Territorial certificates, and 
for the government of County School Superintendents in 
conducting the examination of such applicants for certi- 
ficates. 

Second. To prepare questions for the examination of 
teachers, and to forward the same to the County School 
Superintendents for use in the quarterly examinations, 
which questions shall be divided into four lots, each lot to 
be enclosed in separate envelope, which shall be sealed 
with wax bearing the imprint of the seal of the Territorial 
Board of Examiners, and shall be forwarded to the School 
Superintendent of each county. The School Superinten- 
dent of each county, in the presence of any two qualified 
count}' officials and of the applicants for teachers' certi- 
ficates, shall open one lot of said questions and distribute 



8 PUBLIC SCHOOL LAWS, 

same to the applicants at each session of theexamination, 
and there shall be no interruption of said session until 
each applicant shall have handed in to the said School 
Superintendent his or her examination i)aper. 

Third. To grant recommendations for life and educa- 
tional diplomas. 

Fourth. To grant Territorial certificates of the first 
grade, valid for four j'cars. 

Fifth. To grant Territorial certificates of the second 
grade, valid for three years. 

Sixth. To revoke certificates of teachers who are 
guilty of immoral conduct or are unfit to teach. 

Seventh. The Board may, at the expiration of the 
time for v^hich they were granted, renew certificates for a 
like period for which they were originally granted. 

13. Every applicant for a first-grade Territorial 
certificate must be examined by written and oral questions 
in algebra, geography, history and civics, physiology, 
hygiene, with special reference to the nature and the effects 
of alcoholic drinks and other narcotics and stimulants 
upon the human system, natural philosophy, orthog- 
raphy, defining, penmanship, composition, reading, 
method of teaching, grammar, arithmetic and the school 
laws of Arizona. Applicants for a second-grade certificate 
shall not be required to pass an examination in algebra or 
natural philosophy. 

14. The standing in each study must be endorsed 
upon the certificate, otherw^ise it is not a valid certificate. 

15. Normal School diplomas from any State Normal 
School in the United States, and life diplomas issued by 
the State Board of Examination or Education in any 
State of the United States must be recognized by this 
Territory as prima facie evidence of fitness for teaching; 
and the Board may, on application of the holders thereof, 
issue, without examination, Territorial certificates, and 
fix the grade thereof. 

16. The members of the Board shall receive each an 
annual salary of two hundred dollars, payable out of the 



TERRITORY OF ARIZONA. 9 

Territorial school fund on the warrant •! the Territorial 
Auditor. 

CHAPTER THREE. 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 

Sec. 17. It is the duty of the Superintendent of Public 
Instruction : 

First. To superintend the public schools of this Ter- 
ritory. 

Second. To investigate all accounts of school moneys 
kept by any Territorial, county or district officer. 

Third. To apportion, subject to the supervision of 
the Territorial Board of Education, to the several coun- 
ties, on the second Monday of January, June and Septem- 
ber of each year, or whenever there are two thousand 
dollars in the Territorial school fund, the amount of money 
to which each county may be entitled under the provisions 
of this Title, according to the number of persons between 
the ages of six and twenty-one years, as shown by the last 
census list of the several counties, and to furnish each 
County Treasurer and County Superintendent with an 
abstract of such apportionment. He shall also certify such 
apportionment to the Territorial Auditor, and, upon such 
certificate, the Auditor shall forthwith draw his warrant 
on the Territorial Treasurer in favor of the County 
Treasurer of each county for the amount due said county. 

Fourth. To prescribe suitable forms and regulations 
for n^aking all reports, for conducting all necessary pro- 
ceedings under this Title, and shall cause the same, with 
such instructions as he may deem necessary and proper for 
the organization and government of schools, to be trans- 
mitted to the County Superintendents for distribution to 
the district officers and teachers, who shall be governed in 
accordance therewith. Heshall prepare a convenient form 
of school register, for the purpose of securing accurate 
returns from teachers of public schools, and shall furnish 
each County Superintendent with a number sufficient to 
supply at least one copy thereof to each district or school 



10 PUBLIC SCHOOL LAWS, 

of such county. He shall also supply such blank teachers' 
certificates as may be prescribed for the use of the County 
School Superintendents He shall certify the cost of print- 
ing said blanks, registers and certificates, together with 
the postage or expressage necessary to convey them to the 
County School Superintendents, to the Territorial Auditor, 
who shall dra^w his warrant on the Territorial Treasurer 
in favor of the person to whom said amount is due, and the 
Treasurer shall pay said warrant out of any money in the 
treasury to the credit of the Territorial school fund ; pro- 
vided, the cost of printing said blanks and books shall 
not exceed the sum of six hundred dollars annually. 

Fiith. He shall not be required to visit the public 
schools in the different counties, but shall communicate by 
mail with the several County School Superintendents. 

Sixth. To make a printed report on or before the first 
da^^ of October preceding each regular session of the Legis- 
lature to the Governor, who shall transmit a copy thereof 
to the Legislature. Said reports shall contain a full 
statement of the condition and amount of all funds and 
property appropriated for the purposes of education, the 
number and grade of schools in each county, the number 
of children in each county between the ages of six and 
twenty-one years, the number of such attending public 
schools, also the number of children between the ages of 
eight and fourteen years, the average number of children 
that have attended the public schools during the two 
school years previous to July 1st of that year, the number 
attending private schools, the number that can read and 
write, the amount of school money appropriated to, each 
county, the amount of school money raised by county 
taxation, district taxation or otherwise, the amount 
expended for salaries of teachers and for building of 
schoolhouses, a statement of plans for the management 
and improvement of public schools, and such other 
information relative to the educational interests of the 
Territory as he may deem expedient. 

Seventh. To have the law relating to public schools 
printed in pamphlet form, and annex thereto such forms 
as he may be unable to supply in the shape of blanks; 



TERRITORY OF ARIZONA. 11 

also the course of study, rules and regulations of schools, 
a list of such books as may be recommended by the Terri- 
torial Board of Education for school libraries, and such 
suggestions on school architecture as he may deem useful. 
He shall certify the cost of printing said pamphlets to the 
Territorial Auditor, who shall draw his warrant on the 
Territorial Treasurer in favor of the person to whom said 
amount is due, and the Treasurer shall pay said warrant 
out of anj-^ money in the treasury to the credit of the 
Territorial school fund ; provided, the cost of printing said 
pamphlets shall not exceed the sum of five hundred 
dollars. 

Eighth. To supply school officers and teachers, school 
libraries and the Territorial library with one copy each of 
the pamphlet mentioned in the preceding subdivision. 

Ninth. To authenticate, with the official seal of the 
Board of Education, all writings and papers issued from 
his office. 

18. To deliver over, at the expiration of his term of 
office, to his successor, all property, books, documents, 
maps, records, reports and other papers belonging to his 
office, or which may have been received by him for the use 
of his office. 

19. The office of the Superintendent of Public Instruc- 
tion shall be at some place where there is a postoffice, and 
he shall receive a salary of eighteen hundred dollars per 
annum, which shall be paid quarterly out of the Territorial 
school fund, upon warrants drawn by the Auditor. 



CHAPTER FOUR. 

COUNTY SCHOOL SUPERINTENDENT. 

Sec. 20. It shall be the duty of the County School 
Swperintendent of each county: 

First. To apportion the school moneys to each dis- 
trict of his county, and notify the County Treasurer, in 
writing, of the amount apportioned to each district, and 
also to immediately notify, in writing, the Trustees of each 



12 PUBLIC SCHOOL LAWS, 

school district in his county the amount apportioned to 
their several districts at said apportionment. 

Second. On the order of the Board of School Trustees 
of any district, to draw his warrant on 'the County Treas- 
urer for all necessary expenses against the school fund of 
any such districts, the warrants must be drawn in the 
order in which the vouchers therefor are filed in his office. 
No warrant shall be drawn unless the money is in the 
proper fund to pay it, and no warrant shall be drawn 
upon the order of the Board of Trustees against the 
county school fund, for any district, except for teachers' 
salaries, unless such order is accompanied by an itemized 
bill showing the separate items, and the price of each, in 
payment for which the order is draw^n, nor shall any 
■warrant for teachers' salaries be drawn unless the voucher 
shall state the monthly salary of the teacher and the name 
of the school month for which such salary is due. Upon 
receipt of such voucher, the County Superintendent shall 
draw his warrant upon the County Treasurer in favor of 
the parties, and for the amount stated in such voucher; 
provided, that no warrant shall be drawn in favor of any 
school district or teacher thereof unless monthly reports 
or fractional reports of a month for that district have been 
filed with the County School Superintendent ; to keep open 
to the inspection of the public a register of warrants, 
showing the fund upon which the warrants have been 
drawn, the number thereof, in wrhose favor, and for what 
service drawn, and also a receipt from the person to whom 
the warrant was delivered. He shall, at each quarterly 
meeting of the Board of Supervisors of his county, make 
a written report of all warrants drawn upon the school 
fund, and for w^hat purpose, and, if required, shall exhibit 
vouchers therefor. 

Third, To preside over Teachers' Institutes held in his 
county, and to secure the attendance thereat of lecturers 
competent to instruct in the art of teaching, to enforce the 
course of study, the use of text books, and the rules and 
regulations for the examinations of teachers prescribed by 
the proper authority. 

Fourth. To conduct quarterly examinations of teach- 
ers for certificates in accordance with the rules of the 



TERRITORY OF ARIZONA. 13 

Territorial Board of Examiners, and to forward to said 
Board all answer papers, unmarked, submitted by the 
applicants for certificates. He shall receive for conducting 
such examinations fifty dollars per annum, payable out of 
the countj' school funds. 

Fifth. To certify to the Territorial Board of Exam- 
iners the names of persons who appeared before him for 
examination. 

Sixth. To distribute all laws, reports, circulars, 
instructions and blanks which he may receive for the use 
of school officers. 

Seventh. To keep in his office the reports of the Super- 
intendent of Public Instruction, the reports of the School 
Trustees, Marshals and teachers received by him; to 
record all official acts in a book to be provided for that 
purpose, and at the close of his term of office to deliver 
over to his successor such records and all documents, 
books and papers belonging to his office, and to take a 
receipt for the same, which shall be filed in the office of the 
County Treasurer. 

Eighth. To keep a record of his official acts. 

Ninth. To pass upon, approve or reject accounts 
against school districts. 

Tenth. To appoint Trustees of school districts to fill 
all vacancies caused by a failure to elect or otherwise. 
Such appointees shall hold office for the full period of the 
vacant term. 

Eleventh. To make reports, when directed by the 
Superintendent of Public Instruction, showing such mat- 
ters relating to public schools in his county as may be 
required of him on the blanks furnished him by the Super- 
intendent of Public Instruction. 

Twelfth. To notify immediately the Board of School 
Trustees of the several districts in his county, upon the 
receipt of notice from the Territorial Board of Education, 
of any meeting to be held by them for the purpose of 
examining or inquiring into the expediency of a change of 
text books, as provided in Subdivision Three (3) of Sec- 
tion Three of this Title. 



14 PUBLIC SCHOOL LAWS, 

Thirteenth. In counties of the first class, he shall visit 
each and every school in his county at least twice a year; 
he shall advise and consult with teachers and School 
Trustees as to the better methods of conducting the 
schools ; and in counties other than first class, shall 
visit each school in his county at least once each school 
term, to confer with the teachers and school officers as to 
the best methods of conducting schools, and audit the 
financial accounts. In addition to the salary already 
allowed by law, shall receive his traveling expenses, not 
to exceed one hundred and fifty dollars per year. Such 
expense account shall be audited and allowed by the 
Board of Supervisors as other claims are audited and 
allowed, and shall be paid out of the general school fund. 

21. If he fails to make a full and correct report re- 
quired under the provisions of this Title at the time fixed 
by the Superintendent of Public Instruction, he forfeits 
fifty dollars of his salary, and the Board of Supervisors, 
upon receiving notice from the Superintendent of Public 
Instruction of such failure, must deduct the amount for- 
feited from his salary. 

22. He may, when there is sufficient money in the 
fund of any school district to maintain a school therein 
for five months, if the Trustees fail or refuse to have such 
school kept, appoint a teacher and open and keep open 
such school, and ma^^ draw his warrant upon the fund of 
such school district for the expenses incurred. 

23. He may, at his discretion, require the Trustees of 
any district to repair the school buildings or property, or 
to abate any nuisance in or about the premises, if such 
repairs or abatement can be done for a sum not exceeding 
fifty dollars, and there is a sufficient amount of money in 
the treasury to the credit of the district. He may also, in 
all cases, require the Trustees to provide suitable out- 
houses; and if the Trustees neglect to make such provision, 
he may cause it to be done and pay for it on his warrant 
on the County Treasurer, payable out of any money to the 
credit of the district; provided, said warrant shall be 
countersigned b\^ the Chairman of the Board of Super- 
visors. 



TERRITORY OF ARIZONA. 15 

24. The Count3^ School Superintendent, shall, unless 
otherwise provided by law, in the month of Sei)teiTiber in 
each year, grade each school, and a record thereof shall be 
made in a book to be kept by the County School Superin- 
tendent in his office for said purpose, and no teacher 
holding a certificate below the grade of said school shall 
be emploj'cd to teach the same; provided, that in cases 
where it is impracticable to obtain a teacher holding a 
certificate of the proper grade for any part of a school 
year, the Board of Trustees of any district may employ a 
teacher holding a certificate in the next lower grade, 
subject, however, to the approval of the County' Superin- 
tendent. All schools shall be designated as primary or 
grammar. 

25. Each County School Superintendent may. in 
writing, appoint a deputy, such appointment to be filed in 
the office of the County Recorder, and no salary payable 
out of the school fund shall be allowed such deputy. Such 
deputy shall qualify b3' taking the usual oath of office and 
filing the same in the office of the County Recorder, and 
shall have and exercise the same powers as the County 
School Superintendent, who shall be responsible upon his 
bond for the official acts of his deputy. 

26. It shall be the duty of every County School Super- 
intendent to inquire and ascertain if the boundaries of the 
school districts in his county are definitely and plainly 
described in the records of the Board of Supervisors, and 
to keep in his office a full and correct transcript of such 
boundaries. In case the boundaries of districts are con- 
flicting or incorrectly described, he shall, upon order of the 
Board of Supervisors, change, harmonize and describe 
them, and make a report of such action to the Supervisors, 
and, on being ratified by the Supervisors, the boundaries 
and description so made shall be the legal boundaries and 
description of the districts of that county. 

27. The County School Superintendent and his 
deputy are hereby authorized to administer oaths or 
affirmations to teachers, and all other oaths or affirma- 
tions relating to schools, and shall receive no compensation 
therefor. 



16 PUBLIC SCHOOL LAWS, 

28. The salaries of the County School Superintendent 
shall be one thousand five hundred dollars annually in 
counties of the first class, and three hundred dollars 
annually in all other counties, in all counties payable 
quarterly out of the county school fund. All w^arrants for 
salary, postage and expressage shall be countersigned by 
the Chairman of the Board of Supervisors. 



CHAPTER FIVE. 

TEACHERS' INSTITUTE. 

Sec. 29. That hereafter every applicant for a teach- 
ers' certificate or other authority to teach, upon presenting 
his or her application, shall pay the County School 
Superintendent a fee of two (2) dollars, to be by him 
immediately deposited with the County Treasurer to the 
credit of a fund to be known as Teachers' Institute Fund. 
All funds so credited shall be drawn out only upon the 
warrant of the County School Superintendent upon the 
County Treasurer in payment of the expense of County 
Teachers' Institute. 

30. Whenever the number of school districts in any 
county is ten or more, the County School Superintendent 
thereof shall hold at least one Teachers' Institute in each 
year, and shall notify the teachers in each district of the 
time and place of holding said Institute, and every teacher 
employed in a public school in the county shall attend 
such Institute and participate in its proceedings, unless 
good cause is shown for non-attendance. 

31. Each session of the Institute must continue not 
less than three nor more than five days. 

32. When the Institute is held during the time that 
teachers are employed in teaching, their pay must not be 
diminished by reason of their attendance, and each teacher 
in attendance shall be allowed mileage at the rate of ten 
cents a mile, one way, from his or her school to the 
Institute, to be computed by the most direct line, and 
shall be paid out of the Institute Fund, after paying the 
other expenses of the Institute; if there is not enough 



TERRITORY OF ARIZONA. 17 

money in such fund to pay such mileage, then said mone\' 
shall be pro-rated among the teachers in attendance. 

33. The County School Superintendent must keep an 
accurate account of the actual expenses of said Institute, 
with vouchers for the same, and draw his warrant on the 
County Treasurer, payable out of the Teachers' Institute 
Fund ; provided, that such amount drawn does not exceed 
the amount of the Teachers' Institute Fund in the hands 
of the County Treasurer. 

34. The Superintendents of two or more counties 
may unite and hold a joint Institute, in which case the 
expenses must be apportioned between the counties join- 
ing in the Institute; provided, such expenses do not exceed 
twenty-five dollars for each county. 

CHAPTER SIX. 

SCHOOL DISTRICTS. 

Sec. 35. Each regularly organized school district 
heretofore formed, or that may be formed, shall be desig- 
nated as School District No (using the number of the 

district), of County (using the name of the 

county in which such district is situated), and in that 
name the Trustees may sue and be sued, and hold and 
convey property for the use and benefit of such district. 

36. No new districts can be formed unless the parents 
or guardians of at least ten school census children, resident 
of such proposed new district, and residing at a greater 
distance than two miles from any district school house, 
present a petition to the County School Superintendent, 
setting forth the boundaries of the new district asked for; 
provided, however, that in districts containing more than 
two hundred and fifty school census children, as shown by 
the next preceding school census, upon a petition signed 
by the residents of the district who pay a majority of the 
taxes in said district, a new district may be formed b}- the 
subdivision of the old one, even if the distance be less than 
two miles from the district school house, 

37. After giving due notice to all parties interested by 
posting notices in three public places in the district, one of 



18 PUBLIC SCHOOL LAWS, 

■which shall be at the door of the school house for at least 
one week, the County School Superintendent must trans- 
mit the petition to the Board of Supervisors, with his 
approval or disapproval. If he approves the petition, he 
may note such changes in the boundaries as he may think 
desirable. 

38. The Board of Supervisors must at their first 
meeting after the receipt of the petition act upon the same. 
If the Board establishes the district, they may do so in 
accordance with the prayer of the petition, or with such 
modifications as they may choose to make. 

39. No new district formed by the subdivision of an 
old one is entitled to any share of the public moneys 
belonging to the old one until a school has been actually 
commenced in such new district. 

40. Unless within four months after the making of an 
order creating a new district, school is opened therein, the 
order will cease to have effect. 

41. When a new district is formed by the division of 
an old one, the County School Superintendent must, after 
the paA^ment of the debts, divide the money to the credit 
of the old district at the time school was commenced in 
the new district, and such as may be apportioned to the 
old district, according to the number of school census 
children resident in each district, for which purpose he 
may order a census taken. 

42. An election shall be held on the last Saturday of 
March in each year, and at such election there shall be 
elected one Trustee in each school district, who shall hold 
office for the term of three years from the Saturday in 
April next succeeding his election. At the first election 
held in a newly formed district, three School Trustees shall 
be elected, one for a term of one year, one for a term of 
two years, and one for a term of three years from the first 
Saturday in April next succeeding his election. The elec- 
tion provided for in this section must be held in the district 
school house, if there is one, and if there is none, at a place 
to be designated by the Board of School Trustees. 



TERRITORY OF ARIZONA. 19 

43. The Clerk of each School Board shall cause 
written or printed notices to be posted, specifying the day 
and the place of such election and the time during which 
the ballot-box will be kept open. Said notices shall be 
posted in at least three public' places in the district, one of 
which shall be at the school house, if there be one, at least 
fifteen da\'S previous to the time of election. If the Clerk 
fail to give such notice, then any two legal voters residing 
in the district may give similar notice of such election at 
least ten days prior thereto. 

44. The Trustees must appoint the inspector, judges 
and clerk of election ; if none are so appointed, or if those 
appointed are not present at the time of opening the polls, 
the electors present may select them. 

45. The polls must be opened at 9 o'clock a. m. and 
closed at 4 o'clock p. m. 

46. All elections shall be by ballot. 

47. Every person, male or female, of the age of 
twenty-one years or over, who is a citizen of the United 
States, and who has been a resident of the district for 
thirty days immediately preceding the day of election, and 
who is the parent or guardian of a child of school age 
residing in the district, or who has paid a Territorial or 
county school tax, exclusive of poll tax, during the pre- 
ceding year, is eligible to election to the office of Trustee, 
and shall be entitled to voce at any school district 
election; provided, that every woman offering to vote at 
such election (who is otherwise qualified under this section) 
and whose husband or father is or was a citizen of the 
United States, shall be treated and considered as a citizen 
of the United States lor the purpose of voting at such 
election. Any person offering to vote may be challenged 
by any legally qualified elector of the district, and the 
Judges must thereupon administer the following oath to 
the person challenged : " You do solemnly swear that you 
are a citizen of the United States and are now, and have 
been, a resident of this school district during the thirty 
days preceding this election ; that you are the parent or 
guardian of a child of school age in this school district, or 
that you have paid in this county a Territorial or county 



20 PUBLIC SCHOOL LAWS, 

school tax during the past year, and that you have not 
voted at this election, so help you God." If he or she 
takes the oath prescribed in this section, his or her vote 
must be received, otherwise the vote must be rejected. 

48. A poll and tally list must be kept and returned to 
the Board of Trustees. 

49. The officers of election must, after counting the 
votes, make and deliver certificates of election to the per- 
sons elected, a copy of which, with the oath of office 
attached, must be forwarded to the County School 
Superintendent ; said Trustees are hereby authorized to 
administer to each other the oath of office. 

50. The powers and duties of Boards of Trustees of 
school districts are as follows : 

1. It shall be the duty of the Trustees, any two of 
whom shall constitute a quorum for the transaction of 
business, to meet as soon as practicable after the com- 
mencement of their term *of office, at such place in the 
district as may be most convenient, and to organize by 
appointing one of their number Clerk of the Board and 
notifying the County School Superintendent of the same. 

2. To prescribe and enforce rules not inconsistent 
with law or those prescribed by the Territorial Board of 
Education for their ow^n government and the government 
of schools. 

3. To manage and control the school property within 
their district. 

4. To purchase school furniture and apparatus, and 
such other things for the use of schools as may be neces- 
sary. 

5. To rent, furnish, repair and insure the school 
property of their respective districts. 

6. When directed by a vote of their district, to build 
school houses, or to purchase or sell school lots. 

7. To make, in the name of the district, conveyances 
of all property belonging to the district and sold bj^ them. 



TERRITORY OF ARIZONA, 21 

8. To employ under a written contract, teachers, 
janitors and employees of schools; to fix and order paid 
their compensation. Boards of Trustees may at any time 
after the annual school election and qualification of new 
members of the School Board, enter into contract for 
teachers, janitors and other employees for the next suc- 
ceeding school year. No relation of any Trustee shall be 
employed in the district where he is Trustee except by 
unanimous consent of Trustees. 

9. To expel pupils for misconduct. 

10. To exclude from school children under six years 
of age. 

11. To enforce in schools the course of study and the 
use of the text books prescribed and adopted by the proper 
authority. 

12. To appoint district librarians and enforce the 
rules prescribed for the government of school libraries. 

13. To exclude from school and school libraries all 
books, publications or papers of a sectarian, partisan or 
denominational character. 

14. The School Board of Trustees of any school dis- 
trict may, with the concurrence of the School Board of 
Trustees of any other district or districts, admit pupils 
from either of said districts to a school within its own 
district; provided, however, that said pupils shall be 
enumerated in the district where they may attend, and in 
case the Trustees fail to agree, the parents of such children 
may appeal to the County School Superintendent, whose 
decision shall be final. 

15. On the first day of May, eighteen hundred and 
ninetA'-'One, and every year thereafter, to appoint a school 
census marshal and notify the County School Superin- 
tendent thereof. 

16. To make an annual report on or before the first 
day of July to the County School Superintendent, in the 
manner and form, and on the blanks prescribed by the 
Superintendent of Public Instruction or County School 
Supermtendent. 



22 PUBLIC SCHOOL LAWS, 

17. To make a report, whenever required, directly to 
the Superintendent of Public Instruction, or to the County 
School Superintendent. 

18. To visit every school in the district at least once 
in each quarter, and examine carefully into its manage- 
ment, condition and v^ants. 

19. Boards of Trustees shall call meetings of the 
qualified school electors of the district for determining or 
changing the location of the school house, or for con- 
sultation in regard to any litigation in which the district 
may be engaged, or be likely to become engaged, or in 
regard to any other affairs of the district, or upon a 
petition of one-third of the qualified school electors of their 
district. 

51. Such meetings shall be called by posting notices 
in the usual places for not less than ten days previous to 
the time for which the meeting shall be called ; which 
notices shall specify the purposes for which said meeting 
shall be called ; and no other business shall be transacted 
at said meeting. District meetings shall be organized by 
choosing a chairman from the electors present, and the 
District Clerk shall be clerk of the meeting and enter the 
minutes thereof in the records of the district. At any such 
meeting any person attempting to vote on any question 
arising before said meeting may be challenged in the same 
manner and with like force and effect as prescribed in 
Section 47. 

52. A meeting thus called shall be competent to in- 
struct the Board of Trustees : 

1. In regard to the location or change of location of 
a school house. 

2. In regard to purchase and sale of school sites. 

3. In regard to the erection of school buildings. 

4. In regard to prosecuting, settling or compromising 
any litigation in which the district may be engaged or 
likely to become engaged. All funds raised by sale of 
school property may be disposed of by direction of a dis- 
trict meeting; provided, that said funds so raised shall be 



TERRITORY OF ARIZONA. 23 

used for school purposes only. District meetings may be 
adjourned from time to time as found necessary ; and all 
votes instructing the Board of Trustees shall be taken by 
ballot ; the Board of Trustees shall be bound by the 
instructions of the district meeting in regard to the sub- 
jects mentioned in this section. All moneys due any school 
district from the sale of any school property shall be paid 
by the purchaser of said property to the County Treas- 
urer, who shall place the same to the credit of the district 
making such sale, and shall furnish such purchaser a 
receipt for said money, and notify the County School 
Superintendent of the same. 

5. In regard to establishing, assisting, supporting or 
maintaining kindergarten schools for the instruction of 
children under six years of age, or granting the use of 
school property for such purpose. The Board of Trustees, 
when instructed thereto by such meeting, may establish 
kindergarten schools for the purpose of instructing chil- 
dren under the age of six years during such period in each 
year as may be determined upon by such meeting; may 
purchase and supply therefor proper and needful kinder- 
garten material and accessories, or contribute toward the 
purchase thereof; may employ competent teachers there- 
for, and use or devote any part of the school funds to the 
credit of such district for the maintenance and support 
thereof, or they may grant the use of all or any portion of 
the school property or buildings for such kindergarten, 
provided that such use shall not conflict with the regular 
public school uses, or they may assist or contribute 
toward the support of a private kindergarten school to be 
selected by the meeting, such amounts as directed; pro- 
vided, that in all cases the meeting may direct that any 
portion of the expenses shall be assessed per capita upon 
the pupils enrolled or attending. And in any case the 
Board of Trustees may at their option require the teacher 
of such school to pass a special examination in such 
manner as they may prescribe, or may require such 
teacher to furnish satisfactory evidence of his or her fitness 
and qualifications for such special kindergarten instruc- 
tion. The teachers of such schools shall make like reports 
as are required of teachers of public schools. And the 



24 PUBLIC SCHOOL LAWS, 

Youchers issued by the Board of Trustees for payments of 
expenses incurred under the provisions of this subdivision 
shall be honored and paid by the County Treasurer upon 
the warrant of the County Superintendent, which shall be 
issued thereon under the same conditions and subject to 
the same restrictions as apply to other vouchers and 
warrants. 

53. The Board of Trustees of any school district may, 
when in their judgment it is advisable, and must upon 
petition of a majority of the heads of families residing in 
the district, call an election and submit to the taxpayers 
of the district whether the bonds of such district shall be 
issued and sold for the purpose of raising money for pur- 
chasing or leasing school lots, and for building one or 
more school houses, and supplying the same with fur- 
niture, necessary apparatus, and improving the grounds, 
and for liquidating any indebtedness already incurred for 
such purposes. 

54. Such election must be called by posting notices, 
signed by the Board, in three of the most public places in 
the district, for not less than twenty days before the 
election ; and if there is a newspaper published in the 
county, by publishing such notice therein not less than 
once a week for three successive weeks. 

55. Such notice must contain : 

1. The name and place of holding such election. 

2. The names of three Judges to conduct the same. 

3. The hours during the day (not less than six hours) 
in which the polls will be open. 

4. The amount and denomination of the bonds, the 
rate of interest, and the number of years, not exceeding 
twenty, the whole or any part of said bonds are to run. 

56. Such election shall be held, except as otherwise 
provided in this Title, in conformity with the general 
election laws of the Territory of Arizona, excepting the 
words to appear upon the ballots, which shall be, ''Bonds, 
yes"; or, " Bonds, no." 



TERRITORY OF ARIZONA. . 25 

57. On the seventh day after said elections, at one 
o'clock p. m., the returns having been made to the Board 
of Trustees, the Board must meet and canvas said returns ; 
and if it appear that two-thirds of the votes cast at said 
election were in favor of issuing such bonds, then the 
Board shall cause an entry of that fact to be made upon 
its minutes, and shall certify to the Board of Supervisors 
of the county all the proceedings had in the premises, and 
thereupon said Board of Supervisors shall be and they are 
hereby authorized and directed to issue the bonds of such 
district, to the number and amount provided in such 
proceedings, payable out of the Building Fund of such 
district, naming the same, and that the money shall be 
raised by taxation upon the taxable property in said 
district for the redemption of said bonds and the payment 
of the interest thereon; provided, that no school district 
shall issue bonds for the purposes herein specified to an 
amount in the aggregate, including its existing indebted- 
ness, exceeding four per centum on the value of the taxable 
property within such school district, to be ascertained by 
the last assessment for Territory and county taxes pre- 
vious to the issuing such bonds. 

58. The Board of Supervisors, by an order entered 
upon its minutes, shall prescribe the form of said bonds, 
and of the interest coupons attached thereto, and must fix 
the time when the whole or an^^ part of the principal of 
said bonds shall be payable, which shall not be more than 
twenty years from the date thereof. 

59. Said bonds must not bear a greater amount of 
interest than seven per cent, said interest to be payable 
annually, and said bonds must be sold in the manner 
prescribed by the Board of Supervisors, but not for less 
than par, and the proceeds of the sale thereof must be 
deposited in the county treasury to the credit of the Build- 
ing Fund of said school district, and be drawn out for the 
purpose aforesaid, as other school moneys are drawn. 

60. The Board of Supervisors, at the time of making 
the levy of taxes tor county purposes, must lev}' a tax for 
that year upon the taxable property in such district, for 
the interest and redemption of said bonds, and such tax 



26 PUBLIC SCHOOL LAWS, 

must not be less than sufficient to pay the interest of said 
bonds for that year and such portion of the principal as is 
to become due during such year, and in any event must be 
high enough to raise, annually, for the first half of the 
term said bonds have to run. a sufficient sum to pay the 
interest thereon, and during the balance of the term high 
enough to pay such annual interest, and to pay, annually, 
a proportion of the principal of said bonds equal to a sum 
produced by taking the whole amount of said bonds out- 
standing and dividing it by the number of years said 
bonds then have to run ; and all money so levied, "when 
collected, shall be paid into the county treasury to the 
credit of the Building Fund of such district, and be used for 
the payment of principal and interest on said bonds, and 
for no other purpose. The principal and interest on said 
bonds shall be paid by the County Treasurer upon the 
warrant of the County School Superintendent out of the 
fund provided therefor; and it shall be the duty of the 
County School Superintendent to cancel and file with the 
Treasurer the bonds and coupons as rapidly as they are 
paid. 

61. If the Board of Supervisors of any county which 
has issued bonds under the provisions of this Title shall 
fail to make the levy necessary to pay such bonds or 
interest coupons at maturity, and the same shall have 
been presented to the County Treasurer, and the payment 
thereof refused, the owner may file the bond, together w^ith 
all unpaid coupons, with the Territorial Auditor, taking 
his receipt therefor, and the same shall be registered in the 
Territorial Auditor's office; and the Territorial Board of 
Equalization shall at their next session and at each 
annual equalization thereafter add to the Territorial tax 
to be levied in said district a sufficient rate to realize the 
amount of principal or interest past due prior to next 
levy, and the same shall be levied and collected as a part 
of the Territorial tax, and paid into the Territorial treas- 
ury, and passed to the special credit of such district bond 
tax, and shall be paid by warrants, as the payments 
mature, to the holder of such registered obligations as 
shown by the register in the office of the Territorial 
Auditor until the same shall be fullv satisfied and 



TERRITORY OF ARIZONA. 27 

discharged, any balance then remaining being passed to 
the general account and credit of said district. 

62. Whenever any bonds issued under the provisions 
of this Title shall remain unsold for the period of six 
months after having been offered for sale in the manner 
prescribed by the Board of Supervisors, the Board of 
Trustees of the school district for or on account of which 
such bonds were issued, or of any school district composed 
wholly or partly of territory which at the time of holding 
the election mentioned in Section Four was embraced 
within the district for or on account of which such bonds 
were issued, may petition the Board of Supervisors to 
cause such unsold bonds to be withdrawn from market 
and cancelled. Upon receiving such petition, signed by a 
majority of the members of said Board of Trustees, the 
Supervisors shall fix a time for hearing the same, which 
shall not be more than thirty days thereafter, and shall 
cause a notice, stating the time and place of hearing and 
the object of the petition in general terms, to be published 
for ten days prior to the day of heating in some news- 
paper published in said school district, if there is one, and 
if there is no newspaper published in said school district, 
then in a newspaper published at the county seat of the 
county in which such school or some part thereof is 
situated. At the time and place designated in the notice 
of hearing said petition, or at any subsequent time to 
which said hearing may be postponed, the Supervisors 
shall hear any reasons that may be submitted for or 
against the granting of the petition, and if theyshall deem 
it for the best interests of the school district named in the 
petition that such unsold bonds be cancelled, they shall 
make and enter an order in the minutes of their proceed- 
ings that said unsold bonds are cancelled, and thereupon 
said bonds and the vote by which they were authorized to 
be issued shall cease to be of any validity whatever. 

63. Boards of Trustees must maintain all the schools 
established by them for an equal length of time during the 
year, and, as far as practicable, with equal rights and 
])rivileges. The minimum school term in fifth and sixth- 
class counties shall be three months. 



28 PUBLIC SCHOOL LAWS, 

64. Writing paper, pens, ink and slate pencils and 
crayons for the use of schools must be furnished under the 
direction of the Board of Trustees. 

65. Boards of Trustees must use the school moneys 
received from the Territorial and county apportionments 
exclusively for the payment of teachers and contingent 
expenses for that school year, until at least a six months' 
school shall have been maintained ; and if at the end of 
any year there is an unexpended balance, it may be used 
for the payment of claims against the district for teachers' 
salaries and contingent expenses, or it may be used for 
maintaining school the following year. 

66. If any Board of Trustees fail to appoint a Census 
Marshal at the proper time, and through such failure the 
district is omitted in the apportionment of school moneys, 
then in such case the Trustees are herebymade, jointly and 
severally, personally liable to the district for the full 
amount which the district w^ould have received but for 
such failure. 

67. Boards of Trustees are liable as such, in the name 
of the district, for any judgment against the district, for 
salary due any teacher on contract, and for all debts 
contracted under the provisions of this Title, and they 
shall pay such judgments or liabilities out of the school 
moneys to the credit of such district. 



CHAPTER SEVEN. 

DISTRICT CENSUS MARSHALS. 

Sec. 68. 1. It shall be the duty of the Census 
Marshal to take the census of all the children between six 
and twenty-one years of age in his district. 

2. To report the result of his labors to the County 
School Superintendent on or before the first day of July of 
the year in which the census is taken. 

69. His report must be made under oath, upon blanks 
furnished by the Superintendent of Public Instruction, and 
must show: 



TERRITORY OF ARIZONA. 29 

1. The number, age, sex, color and nationality of 
children listed, Indians and Chinese excepted. 

2. The names of parents and guardians of said chil- 
dren. 

3. The number of children between the ages of six and 
twenty-one. 

4. The number of children between the ages of eight 
and fourteen. 

5. The number attending public schools. 

6. The number attending private schools. 

7. The number not attending school. 

8. Such other facts as the Superintendent of Public 
Instruction may designate. 

70. He must include in his report all children that are 
absent, attending institutions of learning, but whose 
parents or guardians are residents of the district. 

71. He must not include in his report children who 
are attending school in his district, but whose parents do 
not reside therein. 

72. He shall visit each habitation, home, residence, 
domicile or place of abode in his district, and by actual 
observation and interrogation enumerate the census 
children of the same. 

73. Whenever a district is formed lying partly in two 
adjoining counties, the Census Marshal must report to 
each County School Superintendent the number of children 
in each county within the district. 

74. The Census Marshal shall have power to admin- 
ister oaths to parents and guardians. 

75. If at any time the County School Superintendent 
has reason to believe that a correct report has not been 
returned, he may appoint a Census Marshal, have the 
census retaken, and the compensation for the same shall 
be paid out of the school fund of that district, on a 
warrant on the County Treasurer, covin tersigned by the 
Chairman of the Board of Supervisors. 



30 PUBLIC SCHOOL LAWS, 

76. The compensation of Census Marshals must be 
audited and paid as other claims allowed by the Trustees 
of the district are audited and paid. If the Census 
Marshal neglect or refuse to make his report at the time 
and in the manner herein required, he shall be deemed 
guilty of a misdemeanor, and on conviction be punished 
by a fine not exceeding one hundred dollars, or imprison- 
ment for not more than three months. 



CHAPTER EIGHT. 
CLERKS OF SCHOOL DISTRICTS. 

Sec. 77. It is the duty of the Clerk : 

1 . To act as Clerk of the Board and keep a record of 
its proceedings without compensation. 

2. To keep an itemized account of the receipts and 
expenditures of school moneys. 

3. To keep his records and the accounts open to the 
inspection of the electors of the district. 

4. To discharge such other duties as may be pre- 
scribed by the Board. 

78. The Clerk of each district must, under the direc- 
tion of the Board of Trustees, provide all school supplies, 
and keep the school house in repair during the time the 
school is taught therein. No order on any County School 
Superintendent for any teacher's salary, or other expense, 
shall be valid unless signed by at least two members of the 
Board of Trustees. 

79. The Clerk may act as Assessor, Collector or 
Marshal, in which case he must be paid the same com- 
pensation which would have been allowed by the Board 
to any other person. 

CHAPTER NINE. 

SCHOOLS. 

Sec. 80. The school year shall begin on the first day 
of July and end on the last day of June. 



TERRITORY OF ARIZONA. 31 

81. A school month is considered and taken to be 
twenty school days or four weeks of five days each ; pro- 
vided, that when any of the following days : the first day 
of January, the twenty-second day of February, the 
thirtieth day of May, the fourth day of July, the twenty- 
fifth day of December, the annual Thanksgiving Day, 
occur within the school week, the schools shall be closed, 
and the pay of the teacher shall not be diminished on that 
account. 

82. Every school, unless otherwise provided by law, 
must be open for the admission of children between six 
and twenty-one years of age, residing in the district. And 
the Board of Trustees have power to admit adults and 
children not residing in the district bat w^ithin the Terri- 
torj^ whenever good reasons exist therefor. Trustees 
shall have the power to exclude childrenof filthy or vicious 
habits, or children suffering from contagious or infectious 
diseases. 

83. All schools not otherwise provided by law, may 
be divided into primary and grammar schools. 

84. All schools must be taught in the English lan- 
guage. 

85. Instruction must be given in the following 
branches, viz: Reading, writing, orthography, arith- 
metic, geography, grammar, history of the United States, 
elements of physiology, hygiene, including the nature of 
alcoholic drinks and narcotics and special instruction as 
to their effect upon the human system, elements of book- 
keeping, industrial drawing, and such other studies as the 
Territorial Board of Education may prescribe, but no such 
other studies can be pursued to the neglect or exclusion of 
the studies enumerated. 

86. Instruction must be given during the entire 
school course in manners and morals. 

87. No school must be continued in session more than 
six hours a day, and no pupil under eight years of age 
must be kept in school more than four hours a day. 

88. No books, tracts or papers of a sectarian char- 
acter shall be used in, or introduced into any school 



32 PUBLIC SCHOOL LAWS, 

established under the provisioTis of this Title, nor shall 
any sectarian doctrine be taught therein, nor shall any 
school whatever under the control of any religious denomi- 
nation, or which has not been taught in accordance with 
the provisions of this Title, receive any of the public school 
funds, and upon satisfactory evidence of such violation the 
Count3' School Superintendent must withhold all appor- 
tionments of school moneys from said school. 



CHAPTER TEN. 

HIGH SCHOOLS. 

Sec. 88. Any school district of one thousand or more 
inhabitants may, by a majority vote of the qualified 
electors thereof, establish and maintain a High School ; 
or two or more adjoining school districts having a joint 
population of one thousand or more inhabitants, may 
unite and form a Union High School district, for the pur- 
pose of establishing and maintaining a High School 
therein at the expense of such district or Union High 
School district. 

89. When a majority of the Board of Trustees of a 
district in which there are one* thousand or more inhabit- 
ants, or a majority of the Trustees of two or more 
adjoining districts shall unite in a petition to the County 
Superintendent, accompanied by a petition for the estab- 
lishment of such High School, signed by not less than one 
hundred resident electors of such district or districts, it 
shall be the duty of the County School Superintendent 
within tv^renty days to call an election for the deter- 
mination of such question. Public notices of such election, 
not less than five in such single district, and not less than 
three for each district composing a Union district, shall be 
posted, o-ne of which shall be upon the door of the school 
house in each district, at least ten days before said elec- 
tion. Said election shall be conducted in the manner 
prescribed by law for conducting elections to vote upon 
the levying of a school district tax. 



A.S amended by Act No. 61, Twenty-first Legislative Assembly. 



TERRITORY OF ARIZONA, 33 

90. The ballots at such elections shall contain the 
■words, "For High School," and the voter shall write or 
print thereafter on the ballot the word "\'es," or the 
word "no." It shall be the dnt\' of the officers of such 
elections to report the result to the Countv Superintendent 
of Schools. 

91. If a majority of such votes be cast in favor of a 
High School, it shall be the duty of the County Superin- 
tendent to call a mass meeting of the qualified voters in 
such single district, or of the school districts uniting, 
within fifteen days, for the purpose of locating the said 
High School. He shall cause public notices to be posted 
in each district as aforesaid, and said meeting shall be 
conducted in the manner prescribed in Section 51. 

92. In an}' single district, or Union High School 
districts, which have determined to establish such High 
Schools, an annual tax shall be levied by the authorities 
whose duty it is to levy taxes in counties, cities, or incor- 
porated towns, the amount of said tax being estimated by 
the County Superintendent of Schools, and by him certified 
to the proper authorities on or before the first da}'' of July 
of each year. And it shall be the dut}' of such authorities 
to levy such a rate upon the property in said single district, 
or Union High School district, as will produce the amount 
estimated to be necessary for such purpose. 

93. The Board of Education to have charge of the 
High School shall consist: 

1. In any single High School district, of the three 
School Trustees of such district. 

2. In any Union High School district, of five members, 
three of whom shall be the School Trustees of the school 
district in which such High School is situated. The two 
additional members shall be elected from the remaining 
territory of the Union district at the time and in the 
manner and for the same term of office that School 
Trustees are elected ; provided, however, that nothing 
herein contained shall affect the present term of office of 
any Trustee in any Union High School now organized. 



34 PUBLIC SCHOOL LAWS, 

94. Said Board of Education shall elect a Chairman 
and Clerk at the first meeting held after the election of the 
Board, and each year thereafter, after the regular annual 
election, and shall notify the County Superintendent of 
the result of their action. For the management of the 
High Schools, the Board shall have all the powers and 
duties that are now or may hereafter be vested in School 
Trustees. 

95. The course of study of such High Schools shall be 
prescribed by the High School Board, subject to approval 
by the Territorial Board of Education, and shall be such 
as, when completed, shall prepare its students for admis- 
sion into the Territorial University. 

96. Applicants, residents of any single district or 
Union School district, shall be admitted to the High School 
upon passing an examination to be conducted by the 
principal of the High School. Non-residents, otherwise 
qualified, may be admitted upon the same conditions as 
residents, upon paying a reasonable tuition fee, to be fixed 
by the Board in charge of the school. 

CHAPTER ELEVEN. 

PUPILS. 

Sec. 97. All children between the ages of six and 
twenty-one years who are residents of this Territory, must 
be admitted into the schools of this Territory. 

98. All pupils must comply with the regulations, 
pursue the required course of study, and submit to the 
authority of the teachers of the school. 

99. Continued open defiance of the authority of the 
teacher and habitual profanity' and vulgarity constitute 
good causes for expulsion from school. 

100. Any pupil who cuts, defaces or otherwise injures 
any school house or outbuildings thereof is liable to 
suspension or expulsion, and upon the complaint of the 
teacher or Trustees, the parents or guardians of such 
pupils shall be liable for all damages. 



TERRITORY OF ARIZONA. 35 

101. Every parent, guardian or other person in the 
Territory of Arizona, having control of any child or chil- 
dren between the ages of eight and fourteen years, shall be 
required to send such child or children to a public school, 
or private school taught by a competent instructor, for a 
period of at least twelve weeks in each year, six weeks of 
which time shall be consecutive; provided, that such 
parent, guardian or other person having control of such 
child or children shall be excused from such duty by the 
School Board of the district whenever it shall be shown to 
its satisfaction that one of the following reasons exists 
therefor, to- wit : 

1. That such child is taught at home by a competent 
instructor in such branches as are usually taught in the 
public schools. 

2. That such child has already acquired the branches 
of learning taught in the public schools. 

3. That such parent, guardian or other person is not 
able by reason of poverty to properly clothe such child. 

4. That such child is in such physical or mental con- 
dition ( as declared by a competent physician, if required 
by the Board ) to render such attendance inexpedient or 
impracticable. 

5. That there is no school taught the requisite length 
of time within two and one-half miles of the residence of 
such child by the nearest traveled road; provided, that no 
child shall be refused admission to any public school on 
account of race or color. 

102. Any parent, guardian or other person failing to 
comply with the provisions of Section 101 of this Title 
shall be deemed guilty of a misdemeanor, and upon con- 
viction be fined in a sum not less than five and not more than 
twenty-five dollars for such offense; said action shall be 
prosecuted in the name of the Territory of Arizona before 
any Court of competent jurisdiction, and all fines so col- 
lected shall be paid into the county treasury and placed to 
the credit of the school fund of the district in which the 
offense occurs. 



36 PUBLIC SCHOOL LAWS, 

103. It shall be the duty of the Clerk of each school 
district, not later than twenty days after the commence- 
ment of each school term, to furnish a Deputy Sheriff, 
Constable, City Marshal or other peace officer with a list 
of names of all children between eight and fourteen years 
of age not in attendance at school ; and any District Clerk 
failing to furnish such list within the time specified herein, 
shall be guiltj^of a misdemeanor and liable to a fine in any 
sum not to exceed ten dollars for each offense, and such 
fine when collected shall be paid into the county treasury 
and placed to the credit of the school fund of the district 
in which the offense occurs. 

104. It shall be the duty of the said Sheriff, Con- 
stable, City Marshal or other peace officer of the precinct 
in which said school district is located, to inquire into all 
such cases of neglect of the duties prescribed in this Title 
and ascertain .from the person neglecting, the reason, if 
any, therefor; and if there be no legal excuse shoiArn, shall 
forthwith proceed to secure the prosecution of any offense 
occurring under this Title ; and any Deputy Sheriff, Con- 
stable, City Marshal or other peace oflncer neglecting to 
secure the prosecution of such offense, within ten daj^s 
after receiving the list mentioned in Section 103, unless 
the person so complained of shall be excused by the Board 
of Trustees for the reasons hereinbefore stated, shall be 
deemed guilty of a misdemeanor and liable to a fine in any 
sum not to exceed fifty dollars ; and such fine, when col- 
lected, shall be paid into the county treasury and placed 
to the credit of the school fund of the district in which the 
offense occurred. 

105. If, upon the trial of any offense as charged in 
Section 104, it shall be made to appear to the satisfaction 
of the Court or Judge trying the same that such prose- 
cution was malicious, then the costs in such case shall be 
adjudged against the complainant or person instituting 
such proceedings and collected as fines in other cases. 

CHAPTER TWELVE. 

TEACHERS. 
Sec. 106. The holders of diplomas issued by the Ter- 
ritorial Board of Education, or by the Board of Education 



TERRITORY OF ARIZONA, 37 

of the Normal Schools of Arizona, are eligible to teach in 
any public school of the Territor}-. 

107. Holders of Territorial certificates are eligible to 
teach as follows: 

1. Those of the first grade, in grammar schools. 

2. Those of the second grade, in primary schools and 
as assistants in grammar schools, except in the first grade. 

108. Every teacher in a public school must : 

1. Before assuming charge of a school, file his or her 
certificate with the County School Superintendent, 

2. On taking charge of a school, or when closing a 
term of school, immediately notify the County School 
Superintendent of such fact. 

3. Enforce the course of study, the use of text-books 
and the rules and regulations prescribed for schools. 

4. Hold pupils to a strict account for disorderlj'^ con- 
duct on the way to and from school, exercise a supervision 
over pupils on the playgrounds and during recess, suspend 
from school for good cause any pupil, and report such 
suspension to the Board of Trustees for review. If such 
action is not sustained by them, the teacher may appeal 
to the County School Superintendent, whose decision shall 
be final. 

5. Keep a school register, w^hich shall be carefully 
preserved by the Board of Trustees as one of the records 
of the school. 

6. To furnish monthly reports to the County School 
Superintendent upon the blanks prescribed by the Superin- 
tendent of Public Instruction. 

7. To make an annual report to the County School 
Superintendent at the time, and in the manner, and on the 
blanks prescribed b3^ the Superintendent of Public Instruc- 
tion. Any teacher who shall end any school terra before 
the close of the school year, shall make a report to the 
County School Superintendent immediately after the close 
of such term; and any teacher who ma}' be teaching any 



38 PUBLIC SCHOOL LAWS, 

school at the end of the school year, shall in his or her 
annual report include all statistics for the entire school 
year, notwithstanding any previous report for a part of 
the year. 

8. To make such other reports as may be required by 
the Superintendent of Public Instruction, County School 
Superintendent or Board of Trustees, 

109. In case of the dismissal of any teacher before the 
expiration of an3' contract entered into between such 
teacher and Board of Trustees, for alleged unfitness or 
incompetence, the teacher may appeal to the County 
School Superintendent, whose decision shall be final, if 
suit be not brought thereon in a Court of competent juris- 
diction. 

110. No warrants shall be drawn in favor of anj^ 
teacher who does not hold a certificate or diploma granted 
by lawful authority. All certificates heretofore legally 
issued shall be and remain in force until the time for which 
they were granted shall have expired. (As amended by 
Act No. 61 of the Twenty-first Legislative Assembly.) 

111. No person is eligible to teach in any public 
school in this Territory, or to receive a certificate to teach, 
who has not attained the age of eighteen years. 

112. Any teacher who shall use any sectarian or 
denominational books, or teach any sectarian doctrine, or 
conduct any religious exercises in his school, or who shall 
fail to comply with any of the provisions mentioned in 
this Title, shall be deemed guilty of unprofessional con- 
duct, and it shall be the duty of the proper authority to 
revoke his or her certificate or diploma. 

113. It shall be the duty of all teachers to endeavor 
to impress on the minds of the pupils the principles of 
morality, truth, justice and patriotism; to teach them to 
avoid idleness, profanity and falsehood, and to instruct 
them in the principles of a free government, and to train 
them up to a true comprehension of the rights, duties and 
dignity of American citizenship. 



TEERITORY OF ARIZONA. 39 

CHAPTER THIRTEEN. 

DISTRICT LIBRARIES. 

Sec. 114. Boards of School Trustees in cities and in 
districts containing one hundred or more census children, 
may use the school funds, together with such moneys as 
may be added thereto by donation, in the purchase of 
books for school libraries; provided, that the amount so 
expended from the school fund in one year shall not exceed 
fifty dollars; and, provided further, that no warrant shall 
be drawn by the County School Superintendent on the 
order of any Board of Trustees in payment for any books, 
unless such order is accompanied by an itemized bill, 
showing the books and the price of each in payment for 
which the order is drawn. 

115. Libraries are under the control of the Board of 
Trustees, and must be kept, when practicable, in the 
school houses. The libraries shall be free to all pupils of a 
suitable age belonging to the school, and any resident of a 
district may become entitled to its privileges by the pay- 
ment of such annual or monthly fee as may be prescribed 
by the Trustees. The Trustees shall be held accountable 
for the proper care and preservation of the library, and 
they shall report to the Countj^ School Superintendent, 
when required, all library statistics, on blanks furnished 
by the Superintendent of Public Instruction for that 
purpose. 

CHAPTER FOURTEEN. 

TERRITORIAL TAX AND COUNTY SCHOOL TAX. 

Sec. 116. A tax of three cents upon each one hundred 
dollars' value of taxable property- is hereby levied, and 
directed to be collected and paid into the Territorial 
treasury as a special fund for school purposes, to be dis- 
bursed as hereinafter provided ; said tax to be levied and 
collected at the same time and in the same manner as 
other Territorial revenues. It shall be the duty of the 
Territorial Treasurer to receive and to hold as a special 
fund all public school moneys paid into the Territorial 



40 PUBLIC SCHOOL LAWS, 

treasury, and pay them over on a warrant of the Terri- 
torial Auditor, issued upon the order of the Territorial 
Board of Education, countersigned by the Superintendent 
of Public Instruction, or in case of his absence from the 
capital of the Territory, by the Governor, in favor of the 
County Treasurer, or such other person as maybe author- 
ized by law to receive the same; w^hich order, duly en- 
dorsed by the County Treasurer, or such other person, 
shall be a valid voucher in the hands of the Territorial 
Treasurer for the disbursements of said moneys. 

117. All school moneys due each county in the Terri- 
tory shall be paid over by the Territorial Treasurer to the 
County Treasurer, as follows : On the second Monday of 
January, June and September, or as soon thereafter as the 
County Treasurer may apply for the same, on a warrant 
of the Territorial Auditor, drawn in conformity with the 
apportionment of the Superintendent of Public Instruc- 
tion. 

118. The County School Superintendent in each 
county must, on or before the first day of August of each 
year, furnish the Board of Supervisors an estimate in 
writing of the minimum amount of school funds needed for 
the ensuing year. 

119. The Board of Supervisors of each county shall 
annually, at the time of levying other taxes, levy a county 
school tax of not less than fifty nor more than ninety 
cents on each one hundred dollars' valuation of taxable 
property, which tax shall be added to the county tax, and 
collected in the same manner, and be paid into the county 
treasury as a special fund to be drawn upon as hereinafter 
provided. 

120. Said taxes shall be collected as other county 
taxes are collected, and shall be paid into the treasury of 
the county to the credit of the county school fund. 

121. It shall be the duty of the Treasurer of each 
county : 

1. To receive and to hold as a special fund all public 
school moneys, whether received by him from the Terri- 
torial Treasurer, or raised by the county for the benefit of 



TERRITORY OF ARIZONA. 41 

public schools, or from any other source, and to keep a 
separate account thereof, and when the same is appor- 
tioned among the school districts, to open and keep a 
separate account of each district. 

2. On receiving any public school moneys amounting 
to five hundred dollars, subject to distribution, to immedi- 
ately notifv^ the County School Superintendent of his 
county of the amount thereof. 

3. To pav over, on the warrants of the County School 
Superintendent, duly endorsed by the person entitled to 
receive the same, any or all of said mone^^s. 

4. On or before the first day of August of each year 
to make a report to the Superintendent of Public Instruc- 
tion, showing: 

First. The amount of school moneys received from 
Territorial school fund. 

Second. The amount received from county school tax. 
Third. The amount received from other sources. 
Fourth. Total expenditures for school purposes. 
Fifth. Balance on hand at close of school year. 

122. In case of the failure or neglect of said County 
Treasurer to make such report or give such notice as is 
required in subdivision 2 of this section, he shall be liable 
to the county of which he is Treasurer in the sum of five 
hundred dollars; and it is hereby made the duty of the 
District Attorne^^ of said county, upon the direction of the 
Board of Supervisors of said county, to bring suit in the 
name of said county against such Treasurer for the 
recovery thereof, and any money collected under the 
provisions of this section shall be paid into the county 
school fund. 

123. No Treasurer, ex-officio Tax Collector nor Tax 
Collector in any of the counties of this Territory shall be 
allowed any percentage, fee or compensation whatever for 
collecting, receiving or disbursing any school money's 
derived from the sale of school bonds of their respective 
counties or of the school districts thereof, nor for perform- 
ing any official duty in connection with the issuing or sale 
of such bonds. 



42 PUBIvIC SCHOOL LAWS, 

124. No Treasurer, ex-officio Tax Collector nor Tax 
Collector in any of the counties of this Territorj^ shall re- 
ceive any percentage, fee or compensation for collecting or 
receiving any school moneys in their respective counties, 
whether derived from taxation or otherwise. 

125. The Treasurers of the vai'ious counties of this 
Territory shall receive one per cent upon all school moneys 
disbursed by them respectively, other than school moneys 
derived from the sale of school bonds, mentioned in Section 
123 of this Title, which percentage shall be in full for all 
services performed by them in connection with such 
moneys; provided, that no commission whatever shall be 
received by a Treasurer who receives a salary. 



CHAPTER FIFTEEN. 

SPECIAL SCHOOL DISTRICT TAX. 

Sec. 126. When the Territorial and county money to 
which any district is entitled is not sufficient to build or 
rent suitable buildings, and to pay for keeping a school in 
such district for at least three months in each year, it is 
hereby made the duty of the Trustees of such district to 
levy a direct tax upon the taxable property in such dis- 
trict sufficient to raise an amount which, together with 
the Territorial and county money to which said district is 
entitled, will keep a school open five months in each year, 
and the Board of Trustees of any school district, when in 
their judgment it is advisable, may call an election and 
submit to the qualified voters of the district the question 
whether a tax shall be levied to keep a school open a longer 
period than the ordinary funds will allow, or for building 
an additional school house or houses, or for all these 
purposes. Such election shall be called by posting notices 
in three of the most public places in the district for twenty 
days. Said notices shall contain the time and place of 
holding the election, the amount of money proposed to be 
raised, and the purpose for which it is intended to be used. 
The Board of Trustees shall appoint three judges to con- 
duct the election, and it shall be held in all other respects, 
as near as practicable, in conformity with the general 



TERRITORY OF ARIZONA. 43 

election law; provided, that no registration shall be 
necessary to entitle a person to vote at such election, and 
no person shall be entitled to vote thereat who is not a 
taxpayer in the district. At such election the ballot shall 
contain the v^^ords, "Tax, yes," or, "Tax, no," and also 
the name of one person as Assessor and Collector. It two- 
thirds of the votes cast are "Tax, yes," the officers of the 
election shall certify the fact to the Board of Trustees, and 
shall also certify the name of the person having the ])lu- 
rality of votes for Assessor and Collector. The Board of 
Trustees shall issue a certificate of election, and the 
Assessor shall forthwith, from the last duplicate tax-roll 
of the county, make a list of all taxable persons and 
property in the district, and within thirty days he shall 
return his roll, footed up, to the Board of Trustees. The 
Board of Trustees, upon receiving the roll, shall deduct 
fifteen per cent therefrom for anticipated delinquencies ; 
and then, by dividing the sum voted, together v^ith the 
estimated cost of assessing and collecting added thereto, 
by the remainder of the roll ascertain the rate per cent 
required ; and the rate so ascertained shall be and is hereby 
levied and assessed to, on or against the persons or prop- 
erty named or described on said roll, and it shall be a lien 
on all such property until the tax is paid ; and said tax, if 
not paid within the time limited in the next succeeding 
section for its payment, shall be collected in the same 
manner and with the same costs as delinquent Territorial 
and county taxes are collected; provided, however, that 
nothing in this section shall be construed as authorizing 
the Board of School Trustees of any district to levy a 
direct special tax on the taxable property of said district 
for the purpose of continuation of schools therein, if there 
has been sufficient funds to have already maintained a 
school for a period of eight months during that school 
year; and, provided further, that in all school districts 
located a distance of twenty miles or more from the 
county treasury, it may be lawful for the Board of School 
Trustees of such school district to designate some compe- 
tent and responsible person to act as Treasurer in receiving 
and properly disbursing the funds collected and turned 
over to him from said special school tax. Such person 



44 PUBLIC SCHOOL LAWS, 

shall execute a good and sufficient bond to the Territory 
of Arizona for the use and benefit of the said school dis- 
trict, in an amount to be determined by the Board of 
School Trustees, conditioned on a faithful and honest dis- 
charge of his duties, and the paying of all warrants drawn 
on him by the Board of School Trustees, but no warrant 
shall be drawn on this special fund unless the money shall 
be actually in the hands of the Treasurer. 

127. As soon as the rate of taxation has been deter- 
mined, as provided in the preceding section, the Board of 
Trustees shall place the tax list in the hands- of the Col- 
lector, who shall give such bonds as may be required by 
the Board of Trustees, and he shall then proceed to collect 
the tax, and shall within sixty days return the roll to the 
Board of Trustees with the word "paid" marked opposite 
the name of each person or description of property from 
whom or which he has received the taxes, and he shall at 
the same time file with the Board of Trustees the County 
Treasurer's receipt for all moneys by him collected, and the 
person or property on the roll not b\' the Collector marked 
"paid" shall be deemed delinquent, and the Board of 
Trustees shall order said Collector to proceed to collect 
the delinquent taxes in the manner described in the last 
preceding section, and said roll or any certified copy 
thereof shall have the same force in evidence as a duplicate 
or delinquent tax-roll of Territorial or county taxes. All 
moneys collected from a district tax in any school district 
shall be paid into the county treasury and placed to the 
credit of such district. The County School Superintendent 
shall, upon the order of the Trustees of such district, draw 
his warrant upon the County Treasurer for such moneys 
or any part thereof. The compensation of the Assessor 
and Collector shall be fixed by the Board of Trustees and 
be paid in the same manner as the expenses for supporting 
schools in the district are paid; provided, that wherever 
the words, "County Treasurer," or "count3^ treasury," 
occur in this section, they shall not be deemed or taken to 
apply to those districts located a distance of twenty miles 
or more from the county seat, and wherein a special tax 
has been levied and collected, and where the Trustees have 



TERRITORY OF ARIZONA. 45 

appointed a special Treasurer, as provided in the preceding 
section of this Title. 



CHAPTER SIXTEEN. 

APPORTIONMENT OF SCHOOL FUNDS. 

128. The School Superintendent of each county must 
apportion all school mone3^s as follows: 

1. He shall apportion $400.00 to every district 
having more than ten and less than twenty census chil- 
dren, and $500.00 to every district having more than 
twenty children. When any pupils are admitted to any 
public school without the district in which such pupils 
reside, the teacher in charge of the school which such 
pupils attend shall keep a separate record of the attend- 
ance of such pupils, designating each district from which 
each pupil comes, and report the same to the County 
School Superintendent, and, in apportioning the moneys 
in the school fund among the several school districts in the 
county, such attendance shall be taken and deemed 
attendance within the district in which such pupils reside; 
provided, that if a majority of any school board sign a 
certificate of transfer of any pupil from the district in 
which such pupil resides to any other district, then the 
County Superintendent, for the purpose of apportionment, 
shall deem such attendance as belonging to the district in 
which such pupil attends. 

2. He must then ascertain the average attendance of 
each school during the previous school year, and appor- 
tion to each district showing an average attendance of 
more than twenty-five children, not less than $20.00 per 
capita upon the average attendance in excess of twenty- 
five; provided, the total amount thus to be apportioned 
does not exceed the limit of the lev}^ provided by law, and 
in case such amount does exceed the limit provided b}- 
law, he shall apportion as herein provided such an amount 
as will come within the limit prescribed ; provided, that 
where in any county there may be a school district in 
which the number of children does not equal ten, then the 
School Superintendent may, upon application being made 



46 PUBLIC SCHOOL LAWS, 

by the heads of families in such district, make apportion- 
ment as provided. 

3. On or before the 1st day of July of each year the 
County Superintendent shall submit to the Board of 
Supervisors an estimate of the amount of money that will 
be required to maintain the schools during the next school 
year. It shall then betheduty of the Board of Supervisors 
to make the levy as already provided; provided, that 
after determining the amount that will be required, based 
upon the average attendance of the preceding year, they 
shall add five per cent thereto, which five per cent shall 
constitute a reserved fund to be apportioned as follows, 
to-wit: Whenever school has been maintained in any 
district having an average attendance of more than 
twenty-five children for a period of five months, it shall 
appear that the average attendance is greater than it 
was during the preceding year, the County Superintendent 
shall apportion to said district, out of the reserve fund, so 
much of said fund as said district is entitled to under the 
provisions of this Title; provided, that if the amount of 
money in the reserve fund is insuflScient to meet the 
demands of all the districts showing an increased attend- 
ance over the preceding year, then said reserve fund shall 
be apportioned pro rata among the several districts en- 
titled to the same; provided, that in no case shall the 
apportionment from the reserve fund on account of 
increased attendance be greater pro rata than the regular 
apportionment for the same year; provided, further, that 
if at the end of any school vear there remain any part of 
the reserve school fund unexpended, then the County 
School Superintendent shall place said remaining portion 
in the general school fund and apportion the same in the 
usual manner of apportioning the general school fund. 

4. That all school moneys remaining on hand at the 
end of the school year, to the credit of any district, or in 
the reserve fund, after making the apportionment as here- 
tofore required, shall remain to the credit of such district 
for the ensuing year or years. 

5. It is hereby made the duty of the Clerk of the 
Board of Trustees of each district, at the end of each term 



TERRITORY OF ARIZONA. 47 

or school year, to make to the County Superintendent, 
under oath, a full and complete return of the number, 
names and days of attendance of each child who attended 
school in his district during the term or school year just 
closed, as shown by the school register, for the purpose of 
enabling the School Superintendent to make the appor- 
tionments herein directed and required. Said report to 
the Superintendent shall be preserved and remain on file in 
the office of said Superintendent. 

129. If any new school district shall be duly organ- 
ized and shall cause to be filed with the County Superin- 
tendent, on or about the first day of July, a sworn 
statement of the Clerk of the Board of Trustees of the 
district stating the number of children of school age residing 
in the district and the probable average attendance, said 
district shall be entitled to its pro rata of the apportion- 
ments heretofore provided for, and if for one month at any 
time within the first five months the average attendance 
in said district shall fall below eight, said district shall 
lapse, and all money that may be in the treasury to the 
credit of said district shall be turned into the reserve fund 
subject to apportionment as provided for. 

130. If in any school district there shall be an average 
attendance for three months of less than eight pupils, such 
district shall lapse, and the money in the treasury of the 
county belonging thereto shall go into the reserve fund 
subject to apportionment as heretofore provided for. 



CHAPTER SEVENTEEN. 

GENERAL PROVISIONS RELATIVE TO SCHOOL FUNDS AND 

TAXES. 

Sec. 131. All moneys which shall accrue to the Terri- 
tory by the sale of personal or real property of an 
escheated estate or from the rents or profits of lands or 
tenements held as escheated shall be paid into the Terri- 
torial school fund of this Territory to be used only as the 
Territorial school fund is now or shall hereafter be 
authorized to be used by law. 



48 PUBLIC SCHOOL LAWS, 

132. All moneys arising from fines, forfeitures and 
gambling licensesshall be immediately transmitted assoon 
as collected by the officer receiving the same to the County 
Treasurer for the credit of the county school fund; pro- 
vided, that nothing in this Title shall affect or apply to 
any municipal fine, forfeiture or license under the ordin- 
ances of any incorporated village or city of this Territory. 

133. Any officer neglecting or failing to comply v^ith 
the provisions of the preceding section shall be deemed 
guilty of a misdemeanor, and upon conviction thereof 
before any court of competent jurisdiction, shall be fined 
in any sum not more than three hundred dollars, or 
imprisonment in the county jail for not more than three 
months, or by both such fine and imprisonment. All fines 
arising under the provisions of this section shall be placed 
to the credit of the county school fund. 

CHAPTER EIGHTEEN, 

TEXT BOOKS. 

Sec. 134. In the adoption of text books the Terri- 
torial Board of Education shall be governed by the 
following rules : 

1. Any books hereafter adopted as a part of the 
uniform series of text books must be continued in use for 
not less than four years. 

2. No change of text books must be made at any 
other time than in the month of July or August of the year 
in which the change is made, and no change shall be made 
to take effect until the beginning of the next school term 
of that year. 

3. At least sixty days' notice of any proposed 
change of text books must be given by publication in a 
newspaper of general circulation published in this Terri- 
tory ; provided, no change shall be made without the 
recommendation in writing of a majority of the County 
School Superintendents of the Territory. Said notice shall 
state what text books it is proposed to change; that 
sealed bids or proposals will be received by the Territorial 



TERRITORY OF ARIZONA. 49 

Board of Education for furnishing books to replace them ; 
the place where, and the day and the hour when all bids 
or proposals will be opened, and that the Board reserves 
the right to reject any or all bids or proposals. 

4. At the time and place specified in said notice the 
Board shall meet and publicly open and read all of the 
bids or proposals which have been received by them, and 
shall make their award thereon within ten days thereafter. 

5. Sealed bids and proposals must be accompanied 
by a sample copy of the books proposed to be furnished, 
together with a statement of the wholesale and retail 
price at which the publisher agrees to furnish each book 
within this Territory during the full time for which said 
books are to be adopted. 

6. If no satisfactory bids or proposals are received, 
then the books already in use may continue in use until 
changed as herein provided. 

7. The publisher or publishers, whose proposals shall 
be accepted, must enter into a written contract with the 
Territorial Board of Education and shall give a good and 
sufficient bond, in a reasonable sum to be fixed by the 
Board, for the faithful performance thereof. 

135. If the Trustees of any district refuse or neglect 
to enforce the use of the text books that may be pre- 
scribed, or use any other books in any of the prescribed 
studies, such refusal or neglect shall be deemed a mis- 
demeanor, punishable by a fine not exceeding one hundred 
dollars, or removal from office, or both. 

136. No school officer or teacher in any public school 
in Arizona must act as agent for any author, publisher, 
bookseller or other person to introduce any book, appa- 
ratus, furniture or any other article whatever, in the 
public schools of this Territory, or any one or more of 
them, or directly or indirectly contract for or receive any 
gift or reward for so introducing or recommending the 
same, and any officer or teacher so acting or receiving 
must be deemed guilty of misdemeanor, and on conviction 
l)e punished by fine not exceeding one hundred dollars, or 
by imprisonment not to exceed three months, and be 



50 PUBLIC SCHOOL LAWS, 

removed from office. And if the guilty party is a school 
teacher, in addition to such fine or imprisonment, that he 
or she be removed from his or her school, and his or her 
certificate be revoked by the Territorial Board of Exam- 
iners. 

137. This Act shall take effect and be in force from 
and after April 1, 1901. (As amended by Act No. 61 of 
the Twenty-first Legislative Assembly, entitled. An Act to 
Amend Chapters Ten, Twelve and Eighteen of Title Seven- 
teen — Education — of An Act to Revise and Codify the 
Laws of Arizona. Approved Maixh 20, 1901.) 

Approved March 15, 1901. 



ACT NO. 6J. 

AN ACT TO AMEND CHAPTERS TEN, TWELVE AND 
EIGHTEEN OF TITLE SEVENTEEN-EDUCATION-OF AN 
ACT TO REVISE AND CODIFY THE LAWS OF ARIZONA. 

Be It Enacted by the Legislative Assembly of the Terri- 
tory of Arizona : 

Section 1. Section 89 of Chapter Ten of Title Seven- 
teen — Education — of an Act entitled, "An Act to Revise 
and Codify the Laws of Arizona," approved March 15, 
1901, is hereby amended by striking out the word two in 
the second line of said section, and inserting in lieu thereof 
the w^ord one. 

Sec. 2. Section 110 of Chapter Twelve of Title Seven- 
teen of said Act is hereby repealed, and the following 
enacted in lieu thereof: 

Sec. 110. No warrants shall be drawn in 
favor of any teacher who does not hold a certificate 
or diploma granted by lawful authority. All . 
certificates heretofore legally issued shall be and 
remain in force until the time for w^hich they were 
granted shall have expired. 

Sec. 3. Section 137 of Chapter Eighteen, Title Seven- 
teen of said Act is hereby amended by striking out the 
word September in the last line thereof, and inserting the 
word April in place thereof. 



TERKITORY OF ARIZONA. 51 

Sec. 4. This Act shall take effect and be in force on 
and after April 1, 1901. 

Approved March 20, 1901. 



ACT NO 34» 



AN ACT TO AMEND PARAGRAPH 1536 AND 1537, CHAPTER 
EIGHT, TITLE TWENTY, OF THE REVISED STA- 
TUTES OF THE TERRITORY OF ARIZONA, 

Whereas, The Senate and House of Representatives of 
the United States of America, in Congress assembled, did 
on the 4th day of March, 1898, pass an Act to permit, 
authorize and legalize the issuance of bonds of chartered 
municipal corporations having a bona fide population of 
not less than one thousand persons, as shown by the last 
school census, taken before any election to be held under 
the provisions of this Act in any Territory of the United 
States, for sanitary and health purposes, the construction 
of sewers, water-works, and the improvement of streets ; 
and 

Whereas, Many of the municipal corporations within 
the Territory are located within certain school districts 
and include only a part of the territory and population of 
such districts, and the school census required by the 
])resent law includes only the school children within such 
district and furnishes no measure or means of ascertaining 
the total number of people within such municipal cor- 
poration : 

Now, Therefore, In order that all municipal corpora- 
tions in the Territory- of Arizona, located within, and 
embracing only a part of, the territory and population of 
school districts, may be enabled to avail themselves of the 
])rovisions of the said Act of Congress, approved March 
4th, 1898: 

Be It Enacted by the Legislative Assembly of the Terri- 
tory of Arizona : 
That Paragraph 15v36 and 1537, Chapter VIII., Title 

XX., Revised Statutes of .Vrizona, be and the same are 

amended to read as follows : 



52 PUBLIC SCHOOL LAWS, 

CHAPTER EIGHT. 

DISTRICT CENSUS MARSHALS. 

1536. (Sec. 64.) First. It shall be the duty of the 
Census Marshal to take the census of all the children 
between six and eighteen years of age in his district. 

Second. Where any chartered municipal corporation 
lies within a school district and comprise a portion only 
of the territory and inhabitants contained in said district, 
if such municipal corporation be desirous of securing a 
complete census of all the inhabitants living within its 
corporate limits, the Mayor and City Council of such 
municipal corporation may serve written notice to such 
effect upon the Trustees of such school district and the 
Census Marshal at least one week previous to the taking 
of the school census in the said district, and thereupon it 
shall be the duty of the Census Marshal to include in the 
school census a full and complete census of all the inhabit- 
ants, w^hether within school age or otherwise, who are 
residing withm the corporate limits of said municipal 
corporation; provided, however, that the added expense 
incident thereto shall be first provided for by the municipal 
corporation requesting such complete census. 

Third. To report the result of his labors to the 
County School Superintendent on or before the first day of 
July of the year in which the census is taken. 

1537. (Sec. 65.) His report must be made under 
oath upon blanks furnished by the Superintendent of 
Public Instruction, and must show: 

First. The number, age, sex, color and nationality of 
children listed, Indians and Chinese excepted. 

Second. The names of parents and guardians of said 
children. 

Third. The number of children between the ages of 
eight and fourteen. 

Fourth. The number attending public schools. 

Fifth. The number attending private schools. 

Sixth. The number not attending school. 



TERRITORY OF ARIZONA, 53 

Seventh. Such other facts as the Superintendent of 
Public Instruction may designate. 

Eighth. Where any municipal corporation lying 
within and comprising but a portion of a school district 
avails itself of the provisions of the preceding paragraph, 
the number, names, age, sex, color and nationality of all 
the inhabitants living within the corporate limits of such 
municipal corporation. 

Ninth. Whenever a census of the entire inhabitants of 
a municipal corporation is taken in conformity with 
Paragraph 1536, it shall be the duty of the Census 
Marshal to report the result of his labors to the Mayor 
and Common Council under which request said census was 
taken, within thirty days from the completion of such 
census. 

All Acts and parts of Acts in conflict with the pro- 
visions of this Act are hereby repealed. 

This Act shall take effect and be in force from and after 
its passage. 

Approved March 9, 1901. 



ACT NO. 49. 

TO ADOPT A TERRITORIAL ANTHEM. 

Be It Enacted by the Legislative Assembly of Arizona : 

Section 1. That the following song be and the same 
is hereby adopted as the official song, of the Territory of 
Arizona : 

HAIL TO ARIZONA, THE SUN-KISSED LAND! 

Arizona, Sun-kissed Land ! 
Thy day of birth is near at hand ; 
Upon thy mountains rugged crest, 
Thy native sons still call thee blest; 
Within thy valleys' broad domain, 
In love, thy foster children reign ; 
Fair Land of gold and sunny peace, 
Of flower and vine and rich increase, 

01 cloud-kissed hills and wooded wold, 
Of countless mines and wealth untold. 



54 PUBLIC SCHOOL LAWS, 

chorus: 
Hail! all hail to Arizona! 
Sound her praise from sea to sea ! 
Land of sun and summer showers, 
Land of grain and gold and flowers, 
In Columbia's diadem 
Of jewels rare thou'lt be the gem, 
Hail to Arizona, the Sun-kissed Land ! 

Primeval stands thy forest grand, 

The ancient Zuni's fatherland, 

Thy plain and lofty mountain round 

Were many moons his hunting ground. 

Unbosomed in thy sun's bright ray 

His olden ruins slow^ decay ; 

Where once the tribes of Ishmael's band 

Marauding wandered o'er the land, 

The mighty " Phoenix " rose to fame 

From the ashes of destruction's flame. (Chorus.) 

Hoary with age, thou still art young, 

Land of renown with praise unsung; 

Nature with a master hand 

Hath carved thy wondrous Canyon Grand ; 

Magician-like her wand she plied, 

And lo ! thy Forest Petrified ; 

From craggy peak of Castle Dome, 

From Copper Queen to rich Jerome, 

She pours her lavish treasure forth 

In molten streams of priceless worth. (Chorus.) 

Not all thy riches, glorious Land, 

Are due alone to Nature's hand. 

For man with unremitting toil 

Brings forth a bounty from the soil ; 

From vine-clad hills and limpid streams, 

From fruitful vales where plenty teems. 

O'er verdant fields he points with pride. 

Where flocks and herds are scattered wide. 

To schools where art and skill combine, 

To homes in love and truth enshrined. (Chorus. ) 

Proud Land, thy rock-ribbed hills record 

The history of a mighty horde; 

The onward trend of centuries old 

Hath left its imprint strong and bold 

On the hearts and lives of thy brave sons. 

In the winsome grace of thy fairer ones ; 

Thy Riders Rough, a valiant band. 

With loyal hearts forever stand 

To guard the flag that floats above 

Tby homes where reign content and love. (Chorus.) 



TERRITORY OF ARIZONA. 55 

Sec. 2. The Trustees of the various districts of the 
Territory are hereby required to furnish sufficient copies 
to their schools to enable the school children to learn and 
use said song as part of the musical exercises of their 
schools. 

Sec. 3. This Act shall take effect and be in force from 
and after its passage. 

Approved March 16, 1901. 



ACT NO. 59. 

AN ACT TO PROVIDE THAT THE DISTRICT ATTORNEY 
OF THE SEVERAL COUNTIES OF THE TERRITORY OF 
ARIZONA SHALL ACT AS ATTORNEY FOR THE 
SCHOOL DISTRICTS IN HIS COUNTY. 

Be It Enacted by the Legislative Assembly of the Terri- 
tory of Arizona : 

Section 1. In each of the counties of this Territory, 
the District Attorney shall act as attorney- for all school 
districts and the Boards of Trustees thereof in his county, 
without other compensation than his salary as District 
Attorney. 

Sec. 2. This Act shall take effect and be in force from 
and after its passage. 

Approved March 20, 1901, 



AN ACT 



TO PROVIDE FOR THE EDUCATION OF THE DEAF, DUMB 

AND BLIND. 

Be It Enacted by the Legislative Assembly of the Terri- 
tory of Arizona : 

Section 1. There is hereb}'^ appropriated, annually, 
the sum of three thousand dollars ( $3,000 ), or so much 
thereof as may be necessar}- for the education of the deaf, 
dumb and blind of this Territory', under the direction of 



56 PUBLIC SCHOOL LAWS, 

the Territorial Board of Education, and the Treasurer 
shall pay the same on the warrant of the Auditor for that 
purpose. 

Sec. 2. The said Board of Education shall enter into 
contract with some one of the adjacent States or Terri- 
tories having an institution for the education of the deaf, 
dumb and blind, for the education of the deaf, dumb and 
blind of the Territory of Arizona upon the most economical 
terms possible. 

Sec. 3. it shall be the duty of the Board of Education 
to ascertain the number of deaf, dumb and blind in the 
Territory of school age and of sound mind and body, 
whose parents are not able to provide for their education, 
and as soon as practicable thereafter take the necessary 
steps for their education, as provided for in Section 2 of 
this Act. 

Sec. 4. The State or Territory in which such institu- 
tion for the education of the deaf, dumb and blind is 
located, as designated by the said Board of Education, 
shall be paid from the appropriation made in Section 1 of 
this Act, of the rate of not to exceed three hundred dol- 
lars a year for each scholar's instruction and board, 
including board during vacation, on the certificate of the 
Territorial Board of Education, to be furnished to the 
Territorial Auditor. 

Sec. 5. The Territorial Board of Education is author- 
ized to provide for thecarefulexamination of all applicants 
for admission to the institution designated, and to audit 
and certify to the Territorial Auditor all accounts for the 
expenses of designating said institution and conducting 
examinations, and all contingent expenses attending the 
same, and the accounts thereof shall be paid from the 
appropriation for this purpose made in Section 1 of this 
Act. 

Sec. 6. This Act shall take effect and be in force from 
and after its passage and approval, an emergency existing 
therefor. 

Approved this 4th day of March, 1895. 



TERRITORY OF ARIZONA. 57 

SCHOOL LANDS. 

( TITLE I.) 

Be It Enacted by the Legislative Assembly of the Terri- 
tory of Arizona : 

Section 1. The Boards of Supervisors of the different 
counties of this Territory are hereby empowered to take 
control of all University and School Lands donated to this 
Territory for the said purposes, and they are hereby 
authorized to lease the same in accordance with the pro- 
visions of this Title. 

2. A full record of all proceedings of the Boards of 
Supervisors in regard to said School and University Lands 
shall be kept, and they shall preserve all papers and docu- 
ments submitted to them, and file the same in their office. 

3. The Supervisors shall cause suitable abstracts to 
be made of all School and University Lands that can be 
leased in their respective counties, and entered in suitable 
and well-bound books; such abstracts shall show, in 
proper columns and pages, the township and range, 
together with the legal subdivisions, whether timbered or 
not, improved or unimproved ; the kind and nature of the 
improvements, if any ; the character, agricultural or 
grazing; occupied or unoccupied, and if occupied, by 
whom; the date of appraisement of improvements, if an}' ; 
the date and durance of lease, the amount paid, and such 
other information as may be necessary. 

4. Actual and bona fide settlers or occupants who 
have placed improvements on School or University Lands 
shall have the preferred right to lease the land whereon 
such settlement has been made; and provided, further, 
that where settlers have resided upon, occupied or culti- 
vated any land reserved for this Territory for School or 
University purposes prior to the extension of the surveys 
of the United States over said lands, or who hold the same 
or the possession thereof by purchase from the original 
settlers or their assigns, said original settlers having 
resided on said lands or cultivated them prior to the 
survev of the United States, they shall be permitted to 



58 PUBLIC SCHOOL LAWS, 

continue to hold said land without lease until such time as 
this Territory is admitted as a State into the Union, and 
the title to said land can be properly adjudicated, and the 
State get other lands for such holdings. 

5. Improvements within the meaning of this Title 
shall be held to mean anything permanent in character, 
the result of labor or capital expended on such land in its 
reclamation or development, and the appropriation of 
water thereon, which has enhanced the value of the same 
beyond what said land would be w^orth had it been 
permitted to remain in its original state. 

6. Anyone occupying School or University Lands 
refusing or not wishing to lease said land, and other 
parties making application so to do, the Board of Super- 
visors shall appoint three disinterested persons, house- 
holders and citizens of the Territory, living adjacent to 
said land and engaged in agricultural pursuits, if said land 
is agricultural in character, and engaged in stock raising, 
if the land should be grazing, to go upon said lands and 
appraise the value of the improvements and appurtenances 
thereon, as set forth in Section 5 of this Title, and make 
due return of said appraisement to the Supervisors, under 
oath, and they shall file the same, and the party wishing 
to lease shall pay to the Board of Supervisors the amount 
of such appraisement and the per diem of the appraisers, 
before the Board of Supervisors shall execute a lease to 
him of said lands. The money so paid for such improve- 
ments the Supervisors shall pay to the occupant of the 
land when he shall vacate said land and give possession to 
the lessee. Anyone refusing to give possession to the 
same after due notice by the Board of Supervisors is hereb3' 
declared to be a trespasser, and shall be proceeded against 
by the District Attorney for forcible entry and detainer. 

7. The appraisers shall be entitled to one dollar each 
per day, and only allowed for one day for making any 
appraisement of the improvements and sending to the 
Supervisors said returns. 

8. The Supervisors shall have power to reject any 
appraisement not in accordance with this Title, and if it 
should be rejected for cause, the appraisers shall not be 



TERRITORY OF ARIZONA. 59 

entitled to any pay. If two or more parties should make 
application to lease the same land, the Board of Super- 
visors shall lease to the one paying the highest premium 
for the privilege thereof; provided, however, that any 
occupant shall have preferment at the price bid. 

9. Each lease shall contain a covenant that the lessee 
will promptly pay the rental in advance annually ; that no 
waste shall be committed on the land, and that the 
premises shall be surrendered at the expiration of the term 
of the lease, and that a failure to pay the agreed rental for 
a period of one month from the time that such rental is 
due will work a forfeiture of said lease. Any lessee or any 
assignee of any lessee who is in default for the non-pay- 
ment of rental due the Territory for a period of one month 
after said rental is due, shall be notified by the Super- 
visors, by registered letter, of such default, and if in one 
month after service of such notice such delinquent or 
assign has not paid said rental so delinquent and has 
procured no extension of time as provided in this Title, his 
lease shall be forfeited, and such forfeiture shall be noted 
on the records of the Supervisors. Any person whose lease 
has been forfeited may, however, be relieved from such 
forfeiture at any time before the land has been again 
leased, by paying all arrears of rental and five per cent 
penalty thereon, and such mone^' shad be paid into the 
school fund. 

10. The lessee of any School or University Lands 
shall not be allowed to cut for barter or sale, or use more 
timber therefrom than is necessary for the improvement 
of such land or for fuel for family use, excepting it was 
planted thereon by the party leasing or by his predecessor. 
Any person or persons, firm or corporation violating the 
provisions of this section shall be deemed guilty of a 
misdemeanor and fined not less than one hundred 
($100.00) dollars and not more than three hundred 
( $300.00 ) dollars for each and every offense. 

11. The Board of Supervisors shall collect from each 
lessee the sum of one ( $1 .00 ) dollar for executing said 
lease, said money to be paid into and become a part of the 
funds received from leasing School and University Lands. 



60 PUBLIC SCHOOL LAWS, 

12. For making certified copies of papers and records, 
the same fees shall be collected and charged as are charged 
by the Secretary of the Territory ; and all such moneys 
shall be disposed of as is provided in Section 11 of this 
Title. 

13. It shall be the duty of the different County 
Assessors to make returns of all School and University 
Lands worth assessing in the several counties, and to 
place a value on said lands as patented lands adjoining of 
like character, and as though they were assessing them to 
owners; and also to state if said lands are occupied, and 
if so, by whom ; also amount and kind of improvements, 
together with the legal subdivisions, township and range. 
And said Assessors shall make return of such assessments 
to the Boards of Supervisors at the same time and in the 
same manner that returns are made of other lands. There 
shall be stated in such return the assessed value of all legal 
subdivisions of such lands. The Supervisors shall, upon 
receipt of said return, proceed to lease said land to any 
citizen of this Territory, or anyone who has declared his 
intention to become such, but not more than one section 
to any one man, or corporation, or company, upon the 
payment to the Board of Supervisors of not more than 
two and one-half per cent of the amount of such valuation, 
which shall be the rental value of said land each year. 
Anyone paying such amount annually shall be entitled to 
a lease of such land for a term not exceeding five years, or 
until the admission of the Territory into the Union as a 
State. 

14. The Supervisors shall have power to revise and 
correct any assessment when found necessary. 

1 5. Anyone wishing to lease any School or University 
Land, shall make application to the Supervisors, in 
writing, on blanks to be furnished by the Board of Super- 
visors, giving a description of the land, w^here located, 
section, township, range and county, and stating if occu- 
pied, if so, by whom ; and the Supervisors, upon receipt of 
said application, shall notify, if said land is not occupied, 
the party wishing to lease, the leasing value of said land. 
If said lands are occupied, the Supervisors shall notify the 



TERRITORY OF ARIZONA. 61 

occupant of said land that he must, to keep possession of 
said land, pay said leasing value and take a lease of said 
land, or that the Supervisors will proceed to appoint 
appraisers to appraise said improvement. At any time 
prior to the payment of the appraisement value of the 
improvements and cost of appraisement to the Supervisors 
by the party wishing to lease, the party occupying said 
land can hold possession by taking a lease and paying the 
dues of the appraisers. 

16. Anyone occupying School Land and cultivating 
or grazing the same and refusing to lease or pay any rent, 
said rent will become a lien upon any crops or personal 
property' he or they may own, and the same may be 
collected as personal property taxes are collected by the 
County Assessors. 

17. The Territorial Superintendent of Public Instruc- 
tion is hereby required to prepare or cause to be prepared 
and have printed the book and blanks, in proper form and 
necessary number as in his judgment are required under 
the provisions of this Title to supply the needs of the vari- 
ous counties. 

18. The Territorial Auditor is hereby authorized to 
draw his warrant for said Superintendent out of an}- 
money that is in the Territorial treasury, out of said 
school fund, and he shall furnish said blanks and books to 
the Boards of Supervisors in such number and quantities 
as in his judgment they will require, or upon a requisition 
signed by the Clerk of the Board of Supervisors of any 
county. He shall report to the Territorial Treasurer 
annually, on or before the first day of January, showing 
the cost of books and blanks, the number furnished to each 
county, the total number printed, and such other informa- 
tion as he may deem necessary-. 

19. The Supervisors shall at the end of each month 
pay into the Territorial treasury all moneys collected, and 
must state in their report to the Treasurer the amount of 
funds received from School Lands and the amount from 
University Lands. 

20. The Supervisors shall, on or before the first day of 
December in each vear, make an extended report to the 



62 PUBUC SCHOOL LAWS, 

Territorial Treasurer, showing the amount of land leased 
in their respective counties, the value of lands, to w^hat 
fund they belong, and the total amount leased in each 
county, and the expense, if any, and the amount of money 
turned into the School and University Funds. Said report 
shall contain such other information as they may consider 
necessary. 

21. The Territorial Treasurer shall, on or before the 
first day of January of every year, report to the Territorial 
Auditor the total amount of School and University Lands 
leased, the number of acres of each and their value, and the 
amount of money turned into each fund. 

22. Anyone making permanent improvements on 
School or University Lands after leasing the same shall 
have them appraised and be allowed compensation there- 
for at the expiration of lease; or anyone having to 
surrender leased lands before expiration of lease shall be 
entitled to all the benefits of this section. 

23. All Acts in conflict herewith are hereby repealed, 
and this Act shall be in force from and after September 1, 
1901. 



ARBORICULTURE. 

(TITLE 4.) 

Be It Enacted hy the Legislative Assembly of the Terri- 
tory of Arizona : 

Section 1. In the counties of Apache, Navajo, Coco- 
nino, Mohave and Yavapai the Friday following the first 
day of April in each year, and in all other counties of this 
Territory the Friday following the first day of February 
in each year shall hereafter be known as Arbor Day, and 
shall be observed as a holiday. 

2. It shall be the duty of the Governor to make 
proclamation setting forth the provisions of the preceding 
section, and recommending that the Arbor Day established 
be observed by the people of the Territory of Arizona in 
the planting of trees, shrubs and vines, in the promotion 
of forest and orchard growth and culture, in the adorn- 
ment of public and private grounds, places and ways, and 



TERRITORY OF ARIZONA. 63 

in such other efforts and undertakings as shall be in 
harmony with the character of the day so established. 

3. In order that the children in our public schools 
shall assist in the work of adorning the school grounds 
with trees, and to stimulate the minds of children towards 
the benefits of the preservation and perpetuation of our 
forests and the growing of timber, it shall be the duty of 
the authorities in every public school in the Territory of 
Arizona to assemble the pupils in their charge on the 
above day in the school building or elsewhere, as they may 
deem proper, and to provide for and conduct, under the 
general supervision of the County School Superintendents, 
to have and to hold such exercises as shall tend to encour- 
age the planting, protection and preservation of trees and 
shrubs, and an acquaintance with the best methods to be 
adopted to accomplish such results ; and that the trees 
may be planted around the school buildings, and that the 
grounds around such buildings ma^^ be improved and 
beautified ; such planting to be attended with appropriate 
and attractive ceremonies, that the day may be one of 
pleasure as well as one of instruction for the young; all to 
be under the supervision and direction of the teacher, who 
shall see that the trees and shrubs are properly selected 
and set. 

4. The County School Superintendent of each county 
shall from year to year prescribe a course of exercises and 
instructions in subjects hereinbefore mentioned, which 
shall be adopted and observed by said public school 
authorities on Arbor Day. 

5. This Act shall take effect and be in force from and 
after September 1, 1901. 



EXTRACTS FROM PENAL CODE. 

Section 587. Penalty for insulting a Sec. 590. Trustees must not be in- 
teacher. terested in contract, punishment for. 

Sec. 588. Disturbing school. sec. 591. Penalty for making false 

Sec. 589. If trustees refuse to enforce report. Teacher, trustee, treasurer, 

use of textbooks, etc., punishment of. census marshal or any school officer. 

Section 587. Any parent, guardian or other person 
who shall insult or abuse any teacher in the presence of 



64 PUBLIC SCHOOL LAWS, 

the school shall be guilty of a misdemeanor, and be liable 
to a fine of not less than fifty nor more than one hundred 
dollars, or by imprisonment not exceeding three months. 

Sec. 588. Any person who shall wilfull3^ disturb any 
public school or any public school meeting shall be guilty 
of a misdemeanor and be liable to a fine of not less than 
fifty nor more than one hundred dollars, or by imprison- 
ment not exceeding three months. 

Sec. 589. If the trustees of any district refuse to 
enforce the use of the text books that may be prescribed, or 
use any other books in any of the prescribed studies, such 
refusal or neglect shall be deemed a misdemeanor, punish- 
able by a fine not exceeding one hundred dollars or by 
imprisonment not to exceed three months, and removal 
from office. 

Sec. 590. No school trustee shall be interested, 
directly or indirectly, in any contract made by the Board 
of Trustees of which he is a member, and any contract 
made in violation of this section shall be null and void, 
and any Trustee so interested shall be deemed guilty of a 
misdemeanor, and upon conviction shall be fined in a sum 
not to exceed three hundred dollars or imprisonment in 
the count};^ jail for three months, or by both such fine and 
imprisonment, and be removed from oflSce. 

Sec. 591. Any teacher, trustee, treasurer, census 
marshal or school officer who shall knowingly make a 
false report td a County School Superintendent or to the 
Superintendent of Public Instruction, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof 
shall be fined in a sum not to exceed five hundred dollars 
or imprisonment in the county jail for three months, or by 
both such fine and imprisonment. 



TERRITORY OF ARIZONA. 65 

FORMS NOT SUPPLIED IN THE SHAPE OF BLANKS. 

No. 1. 

Form of notice of annual election of School Trustees. 

ELECTION NOTICE. 

(See Section 43.) 

Notice is hereby given to the qualified electors of 

School District No , County of 

, , that the annual school meeting for 

the election of a School Trustee will be held on the last 

Saturday in March, 190 , at the public school house of 

said district. The polls will be open between the hours of 
9 o'clock a. m. and 4 o'clock p. m. 



School Trustees. 

Dated 190 

Note. — This notice must be posted not less than fifteen days before the day 
of election. 

No. 2. 

Form of notice or advertisement of a district election for voting a 
tax to furnish additional school facilities, etc. 

ELECTION NOTICE. 

Notice is hereby given to the qualified electors of 

School District No. , County of 

, Territory of Arizona, that an election 

will be held on the day of , at 

which will be submitted the question of voting a tax to 
maintain a free school (or build a school house.) 

It will be necessary to raise for this purpose the sum 
of$ 

The polls will be open at the public school house 
between the hours of and 



District School Trustees. 
Dated 190 

>[oTB.— The date must be twenty days before election. 



66 



PUBLIC SCHOOL LAWS, 



No. 3. 

Form of a petition of parents and guardians who desire to form a 
new district from parts of one or more old ones. 

(See Sections 36 and 37.) 

To - , County Superintendent of Schools, 

County : 

We, the undersigned, residents of District (or Districts) 

No , respectfully represent that we desire to form 

a new district, with boundaries as follows, viz: (Here 
describe the proposed bounds.) We further declare that 
collectively we are the parents or guardians of at least ten 
children of school age residing at a greater distance than 
two miles from any district school house, and we hereby 
certify that the list of names of persons of school age^ 
which is attached to and made part of this petition, is 
a correct list of all such persons residing in the proposed 
district : 



NAMES OF PBRSONS OF SCHOOL AGE 
( Giving ages of each.) 



TERRITORY OF ARIZONA. 67 



RULES AND REGULATIONS 

FOR THE GOVERNMENT OF THE PUBLIC SCHOOLS OF ARI- 
ZONA TERRITORY, ADOPTED BY THE TERRI- 
TORIAL BOARD OF EDUCATION. 

1. Teacher present at school room. 12. Pupils must have books; indi- 

2. Daily school session, recess, etc. gent children. 

3. Session in primary and ungraded 13. Injury to school property. 

schools. 



4. Detention of pupils. 



14. Cleanliness and neatness. 

15. Contagious diseases. 



5. Responsibilities of principals and , , , ,. 

teachers. !"• Books used and studies pursued. 

6. Care of pupils during recesses. 17. Teacher to read regulations. 

7. Care of pupils going and return- 18. Calisthenics and breathing exer- 

ing. cises. 

8. Rules for yards, buildings, etc. 19. Supplies to be provided. 

9. Ventilation and temperature; 20. Janitor. 

supervision over text books. gl. Teacher to report to County 

10. Pupils to be registered. Superintendent. 

11. Excuses for absence, tardiness, 22. School register must be properly 

etc. kept. 

1. The teachers are required to be present at their 
respective school rooms and to open them for the admis- 
sion of the pupils at fifteen minutes before the time 
prescribed for commencing schools and to observe 
punctually the hours for opening and closing school. 

2. The daily school session shall commence at 9 
o'clock a. m. and close at 4 o'clock p. m., with an inter- 
mission at noon of one hour, from 12 m. to 1 o'clock p. m. 
There shall be allowed a recess of twenty minutes in the 
forenoon session — from 10:40 to 11 o'clock; and a recess 
of twenty minutes in the afternoon session — from 2:40 to 
3 o'clock. When boys and girls are allowed separate 
recesses, fifteen minutes shall be allowed for each recess. 

3. In graded primary schools in which the average 
age of the pupils is eight 3'^ears, the daily session shall not 
exceed four hours a day, exclusive of the intermission at 
noon and inclusive of the recesses. If such schools are 
opened at 9 o'clock a. m., they shall be closed at 2 o'clock 
p.m. In ungraded schools all children under eight years 
of age shall be either dismissed after a four hours' session, 
or allowed recesses for play of such length that the actual 
confinement in the school room shall not exceed three 
hours and a half 

4. No pupil shall be detained in school during the 
intermission at noon, and a pupil detained at any recess 



68 PUBLIC SCHOOL LAWS, 

shall be permitted to go out immediately thereafter. All 
pupils, except those detained for punishment, shall be 
required to pass out of the school rooms at recess, unless 
it would occasion an exposure of health. 

5. Principals and teachers shall be held responsible 
for the general management and discipline of their schools 
and the studies pursued ; and the assistant teachers shall 
follow the directions of the principals and co-operate with 
them, not only during school hours but during the time 
when the pupils are on the school premises before and after 
school and during recesses. Assistants shall be held 
responsible for the studies, order and discipline of their 
own rooms under the general direction of the principals. 

6. Teachers are particularly enjoined to devote their 
time faithfully to a vigilant and watchful care over the 
conduct and habits of the pupils during the time for 
relaxation and play before and after school and during the 
recesses, both in the school buildings and on the play 
grounds. 

7. It is expected that the teachers will exercise a 
general inspection over the conduct of the scholars going 
to and returning from school. They shall exert their 
influence to prevent all quarreling and disagreement, all 
rude and noisy behavior in the streets, all vulgar and 
profane language, all improper games, and all disrespect 
to citizens and strangers. 

8. Teachers shall prescribe such rules for the use of 
yards, basements and outbuildings connected with the 
school houses as shall insure their being kept in a neat and 
proper condition, and shall examine them as often as may 
be necessary for such purpose. Teachers shall be held 
responsible for any want of neatness and cleanliness about 
their school premises. 

9. Teachers shall give vigilant attention to the ven- 
tilation and temperature of their school rooms. At each 
recess the windows and doors shall be opened for the 
purpose of changing the atmosphere of the room. Teachers 
are required to exercise reasonable supervision over the 
text books of the pupils, to inspect the same from time to 
time and prevent their defacement or wanton destruction. 



TERRITORY OF ARIZONA. 69 

10. Teachers shall enter in the school register, in the 
order of their application, the names of all those applying 
for admission to the school after the prescribed number of 
pupils has been received. Such applicants shall be admitted 
to seats whenever a vacancy occurs in any class for which 
they have been found duly qualified, in the order of their 
registration. 

11. Teachers shall require excuses from the parents 
or guardians of pupils, either in person or by written note, 
in all cases of absence or tardiness or of dismissal before 
the close of school. Sickness of the pupils or in the family, 
or some urgent cause rendering attendance and punc- 
tuality impossible or extremely inconvenient, shall be 
regarded as the only legitimate excuse for absence or 
tardiness. 

12. No pupil shall be allowed to retain connection 
with any public school unless furnished with books, slates 
and other utensils required to be used in the class to which 
he belongs; provided, that no pupil shall be excluded for 
such cause unless the parent or guardian shall have been 
furnished by the teacher with a list of books or articles 
needed, and one week shall have elapsed after such notice 
without the pupil obtaining said books. Books may be 
furnished to indigent children by the Trustees at the 
expense of the district, whenever the teacher shall have 
certified in writing that the pwpil applying is unable to 
purchase such books. 

13. Any pupil who shall in any way cut or otherwise 
injure any school house, or injure any fences, trees or out- 
buildings belonging to any of the school estates, or shall 
write any profane or obscene language, or make any 
obscene pictures or characters on the school premises, 
shall be liable to suspension, expulsion or other punish- 
ment, according to the nature of the oifense. The teacher 
may suspend a pupil temporarily for such offense, and 
shall notify the Trustees of said action. Pupils shall not 
be allowed to remain in any of the rooms that are pro- 
vided with improved styles of furniture, except in the 
presence of a teacher or a monitor, who is made especially 
responsible for the care of the seats and desks. All damage 



70 PUBLIC SCHOOL LAWS, 

done to school property by any of the pupils shall be 
repaired at the expense of the party committing the 
trespass. Within one week of any damage to school 
property, teachers shall notify the Trustees or be held 
personally responsible. 

14. All pupils who go to school without proper 
attention having been given to personal cleanliness or 
neatness of dress, shall be sent home to be properly 
prepared for school, or shall be required to prepare them- 
selves for the school room before entering. Every school 
room shall be provided with a v^ashbasin, soap and 
towels. 

15. No pupils affected with any contagious disease 
shall be allowed to remain in any of the public schools. 

16. The books used and the studies pursued shall be 
such, and such only, as may be authorized by the Board 
of Education ; and no teacher shall require or advise any 
of the pupils to purchase for use in the schools any book 
not contained in the list of books directed and authorized 
to be used in the schools. 

17. It shall be the duty of the teachers of the schools 
to read to the pupils, from time to time, so much of the 
school regulations as apply to them, that they may have 
a clear understanding' of the rules by which they are 
governed. 

18. In all primarj^ schools exercises in free calisthenics 
and vocal and breathing exercises shall be given at least 
twice a daj' and for a time not less than from three to five 
minutes for each exercise. 

19. The following supplies shall be provided by the 
District Clerk, under the provisions of Section 87, on the 
written requisition of the teachers, viz: Clocks, brooms, 
dusting brushes, washbasins, water buckets, tin cups, 
dustpans, matches, ink, ink bottles, pens, penholders, 
pencils, crayon chalk, handbells, coal buckets or wood 
boxes, shovels, pokers, soap, towels, thermemetors, door 
mats and scrapers. 

20. Trustees are required to employ a suitable person 
to sweep and take care of the school house, and they shall 



TERRITORY OF ARIZONA. 71 

make suitable provision for supplying the school with 
water. 

21. It shall be the duty of the teachers to report to 
the County Superintendent the books used in their schools, 
together with the number of pupils in the several divisions 
of each grade. This report must be made at the beginning 
and close of each school session or year. 

22. The District Clerk, at the close of each term of 
school, or whenever a teacher is discharged, shall certify 
on the back of the order for the last month's salary that 
the School Register has been properly kept. 



RULES FOR PUPILS. 

1. Must attend regularly, etc. 5. Absence for one week deprives 

2. Excuse for absence. pupils of membership. 

3. To be placed in grade below when. 6. Each scholar to have desk. 

4. Pupils may leave school when. 

1. Every pupil is expected to attend school punc- 
tually and regularly ; to conform to the regulations of the 
school and to obey promptly all the directions of the 
teacher ; to observe good order and propriety of deport- 
ment ; to be diligent in study, respectful to teachers and 
kind and obliging to schoolmates; to refrain entirely from 
the use of profane and vulgar language, and to be clean 
and neat in person and clothing. 

2. Pupils are required in all cases of absence to bring 
on their return to school an excuse in w^riting from their 
parents or guardians, assigning good and sufficient 
reasons for such absence. 

3. All pupils w^ho have fallen behind their grade by 
absence or irregularity of attendance, by indolence or 
inattention, shall be placed in the grade below at the 
discretion of the teacher. 

4. No pupil shall be permitted to leave school at 
i-ecess, or at any other time before the regular hour for 
closing school, except in case of sickness or on a written 
request of parent or guardian. 



72 PUBLIC SCHOOL LAWS, 

5. Any scholar who shall be absent one week without 
giving notice to the teacher shall lose all claim to his 
particular desk for the remainder of the term and shall not 
be considered a member of the school. 

6. Each scholar shall have a particular desk and shall 
keep the same, and the floor beneath, in a neat and orderly 
condition. 



INSTRUCTIONS TO TEACHERS. 

1. Should become acquainted with 5. How to conduct a recitation. 

parents, etc. 6. Teacher should be interested and 

2. Make special preparation. Mor- animated. 

als, manners, deportment. 7 Excessive or cruel punishment. 

3. Explanation of lesson. 

•i. Text books for reference only. 
Original work. 

1. Teachers will endeavor to make themselves ac- 
quainted with parents and guardians in order to secure 
their aid and co-operation, and to better understand the 
temperaments, characteristics and wants of the children. 

2. Teachers shall daily examine the lessons of their 
various classes and make such special preparation upon 
them, if necessary, as not to be constantly confined to the 
text book ; and instruct all their pupils, without par- 
tiality, in those branches of school studies which their 
various classes may be pursuing. In all their intercourse 
with their scholars they are required to strive to impress 
on their minds, both by precept and example, the great 
importance of contined effort for improvement in morals, 
manners and deportment, as well as in useful learning. 

3. Teachers should explain each new lesson assigned, 
if necessary, by familiar remarks and illustrations, that 
ever}^ pupil may know, before he is sent to his seat, what 
he is expected to do at the next recitation and how it is to 
be done. 

4. Teachers should only use the text book for occa- 
sional reference, and should not permit it to be taken to the 
recitation to be referred to by the pupils, except in cases 
of such exercises as absolutely require it. They should 



TERRITORY OF ARIZONA, 73 

assign questions of their own preparing, involving an 
application of what the pupils have learned to the business 
of life. 

5. Teachers should endeavor to arouse and fix the 
attention of the whole class, and to occupy and to bring into 
action as many of the faculties of their pupils as possible. 
They should never proceed with the recitation without 
the attention of the whole class, nor go round the class 
with recitation always in the same order or in regular 
rotation. 

6. Teachers should at all times exhibit proper ani- 
mation themselves, manifesting a lively interest in the 
subject taught; avoid all heavy, plodding movements, 
all formal routine in teaching, lest the pupil be dull and 
drowsy and imbibe the notion that he studies to recite. 

7. Any teacher w^ho may inflict excessive or cruel 
punishment upon pupils will be subject to removal, and 
Boards of Trustees must, upon complaint of parent or 
guardian, at once investigate, and if in their judgment this 
rule has been violated, inflict the penalty. 



RULES FOR DISTRICT LIBRARIES. 

1. Librarian, duties of. 7. Losing or destroying a book. 

U. Shall be open when. 8. Refusing to pay penalty. 

3. Who entitled to privileges. 9. Librarian must report. 

4. Not entitled to two books. 10. Non-resident entitled to library 
3. .Must not loan books. privilege when. 

6. Must not retain books; penalty 
for doing so. 

1. The librarian appointed by the Trustees shall 
properly label and number each book in the district library 
and keep a catalogue of the same, show^ing the title and 
number of each book. 

2. The library shall be open for drawing and return- 
ing books (here insert such time as may be determined by 
tlie Trustees and librarian). 

2. Every child attending school shall be entitled to 
the privileges of the library ; but when the number of 



74 PUBLIC SCHOOL LAWS, 

books is itisufficient to supply all the pupils, the librarian 
shall determine the manner in which books maybe drawn. 

4. No person shall be entitled to two books from the 
library, and no family shall draw more than one book 
while other families w^ishing books remain unsupplied. 

5. No person shall loan a library book to anyone out 
of his own house under a penalty of fift3^ cents for each 
offense. 

6. No person shall retain a book from the library 
more than two weeks under a penalty of ten cents for each 
day he may so retain in, and no person may draw the 
same book a second time while any other person wishes to 
draw it. 

7. Any person losing or destroying a library book 
shall pay the cost of such book and a fine of fifty cents, 
and any person injuring a book by marking, tearing or 
unnecessarily soiling it, shall be liable to a fine of not less 
than ten cents nor more than the cost of the book, to be 
determined by the librarian. 

8. Any person refusing or neglecting to pa}^ any 
penaltj^ or fine shall not be allowed to draw any book 
from the library. 

9. The librarian shall report to the Trustees quar- 
terly the amount of fines imposed and collected and the 
amount received for membership dues, and all moneys 
accruing from these sources shall be expended for the 
purchase or repair of books. 

10. Any person, other than pupils attending, resident 
in the school district, may become entitled to the privi- 
leges of the school library b}^ the payment of an annual or 
monthly fee, as prescribed by the Trustees. 



GRADE OF SCHOOLS, ETC. 

1. The course of study, adopted by the Board of 
Education, in September, 1899, under the authority of 
Subdivision Fourth of Section 3, Chapter 1, of the School 



TERRITORY OF ARIZONA. 75 

Laws, clearly defines a primary, a grammar and a high 
school. Each grade covers a period of four years. The 
advanced course, outlined in said course of study, is 
intended for country or village schools, and the studies 
enumerated therein are authorized to be taught in addi- 
tion to those required by law, but such additional studies 
shall not be pursued to the neglect or exclusion of the 
studies enumerated in Section 85 of the School Law. 

2. The words "first grade" in Subdivision 2 of Sec- 
tion 107 is construed to mean the fourth year of the 
grammar grade, as outlined in the course of study ; hence, 
holders of second grade territorial certificates are eligible 
to teach in primary schools and to act as assistants in 
grammar schools, except in the last year of the grammar 
school course. 

3. The Board of Education has not adopted text 
books for use in the advanced course, and until such 
adoption has been made. Boards of Trustees are at liberty 
to make their own selections, subject, however, to the 
approval of the County School Superintendent. 



LIBRARY OF CONGRESS 



019 749 542 P §> 



